Orders setting up of family welfare committees in each district to vet cases under Section 498ASatya Prakash
Tribune News Service
New Delhi, July 27
The Supreme Court on Thursday put an
end to automatic arrests in cruelty and dowry-related under Section 498A of the
IPC that has often been misused to harass innocent family members of husbands
named in complaints.
A bench headed by Justice AK Goel –
which ordered setting up of one or more Family Welfare Committees comprising
three members in each district – said, “Every complaint under Section 498A
received by the police or the Magistrate be referred to and looked into by such
committee.”
Such a committee would interact with
the parties personally or by means of telephonic/electronic communication and
give a report within a month to the authority which referred the complaint to
it, the bench said, adding the report would be on “the factual aspects and its
opinion” in the matter.
“Till report of the committee is
received, no arrest should normally be effected. The report may be then
considered by the Investigating Officer or the Magistrate on its own merit,”
said the bench -- which also included Justice UU Lalit.
“Complaints under Section 498A and
other connected offences may be investigated only by a designated Investigating
Officer of the area. Such designations may be made within one month from today,”
the bench said. Such designated officers may be given training for not less
than a week or as may be considered appropriate. The training has to be
completed within four months from today, it added.
The bench also issued certain
directions on how to deal with bail matters in such cases. “If a bail
application is filed with at least one clear day’s notice to the Public
Prosecutor/complainant, it should be decided as far as possible on the
same day.
“Recovery of disputed dowry items
may not by itself be a ground for denial of bail if maintenance or other rights
of wife/minor children can otherwise be protected. Needless to say that in
dealing with bail matters, individual roles, prima facie truth of the
allegations, requirement of further arrest/custody and interest of justice must
be carefully weighed… In respect of persons ordinarily residing out of India,
impounding of passports or issuance of Red-Corner Notice should not be a
routine.”
The bench said: “It will be open to
the District Judge or a designated senior judicial officer nominated by the
District Judge to club all connected cases between the parties arising out of
matrimonial disputes so that a holistic view is taken by the court to whom all
such cases are entrusted; and personal appearance of all family members and
particularly outstation members may not be required and the trial court ought
to grant exemption from personal appearance or permit appearance by video
conferencing without adversely affecting progress of the trial.
‘Directions won't apply to offences
involving injury, death’
“These directions will not apply to
the offences involving tangible physical injuries or death,” it clarified.
The top court said it would like to
see for six months how the arrangement worked and sought a report by March
31, 2018 from the National Legal Services Authority about the need for any
change in its directions and listed the matter for in April 2018.
It also directed that copies of this
order be sent to National Legal Services Authority, Directors General of Police
of all the states and the Registrars of all the High Courts for further
appropriate action.
“It will be open to the parties in
the present case to approach the trial court concerned or other court for
further orders in the light of the above directions,” it said.
The bench – which was dealing with a
matrimonial dispute from Uttar Pradesh -- issued the directions after taking
into account suggestions made by Additional Solicitor General AS Nadkarni and
senior counsel VV Giri as also the 243rd Report of the Law Commission dated
30th August 2012, 140th Report of the Rajya Sabha Committee on Petitions
(September 2011) and certain earlier decisions of the Supreme Court.
“We are conscious of the object for
which the provision (Section 498A of IPC) was brought into the statute. At the
same time, violation of human rights of innocent cannot be brushed aside.
Certain safeguards against uncalled for arrest or insensitive investigation
have been addressed by this court. Still, the problem continues to a great
extent,” it noted.
“To remedy the situation, we are of
the view that involvement of civil society in the aid of administration of
justice can be one of the steps, apart from the investigating officers and the
trial courts concerned being sensitised. It is also necessary to facilitate
closure of proceedings where a genuine settlement has been reached instead of
parties being required to move High Court only for that purpose,” the bench
said while issuing a series of directions to check misuse of Section 498A of
IPC.
On the composition of Family Welfare
Committees, it said para-legal volunteers/social workers/retired persons/wives
of working officers/other citizens who may be found “suitable and willing”
could become committee members – who “will not be called as witnesses.”
In cases
where a settlement is reached, it will be open to the District and Sessions
Judge or any other senior Judicial Officer nominated by him in the district to
dispose of the proceedings, including closing of the criminal case if dispute
primarily relates to matrimonial discord, the top
court said.
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