Senior cop’s permission must to arrest dowry case accused

NEW DELHI: Expressing concern over the increasing misuse of dowry laws, a trial court has slammed Amritsar police for “serious non-compliance” with Supreme Court directions, saying police cannot arrest the accused without seniors’ permission.

The court directed the inspector general and SP of Amritsar to ensure strict compliance of the directions issued by the Supreme Court.

The court’s order came while dealing with anticipatory bail pleas of a man and his mother, Delhi residents, accused in a domestic violence case filed by his wife in Amritsar.

The duo was earlier arrested by Amritsar cops but was granted bail by a trial court. Cops went after them again and the accused moved the court for anticipatory bail.

While holding there was a “serious non-compliance with rather an actionable violation” of Supreme Court’s directions, additional sessions Judge Kamini Lau told Amritsar police to transfer the FIR to Delhi Police as the cause of action-alleged threats made on phone by the in-laws-arises here.

The court said that insofar as FIR was concerned, no doubt, it could have been registered at Amritsar but as far as the probe and trial of the case were concerned, it can be conducted only in Delhi

“In this case the perusal of the investigation file shows that no permission for arrest has been given by the superintendent of police concerned, nor is there any speaking order as contemplated above,” the judge said.

Referring to the direction by the apex court that all states should ensure that police do not resort to arrest in all offences punishable up to seven-year jail, including dowry harassment cases, the judge said any arrest under the circumstances would not have the backing of law.

Source: The Times of India


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