HC guidelines on dowry harassment cases

No arrests on simple allegations; SP’s nod must for arresting accused

• Arrests can be made in case of dowry death – suspicious death or suicide
• Both parties should undergo counselling after filing the case
• SP, District Legal Services Authority should prepare a panel of counsellors
• Advocates should try to unite the families, especially when the couple have children

Hyderabad: Justice B Chandra Kumar of the AP High Court in an order issued a series of directions and told the police not to arrest the accused involved in dowry harassment cases without the permission of the District Superintendent of Police or any other officer of the equal rank in metropolitan cities.

The judge, dealing with a criminal petition by Syed Kaleemuallah Hussaini and three others seeking anticipatory bail in a dowry harassment case, spelt out guidelines to be followed by the investigation officers in dowry harassment cases.

He observed that normally no accused should be arrested where the allegation is simple dowry harassment. If the arrest is necessary the investigating officer should obtain permission of either the SP or any other officer of the equal rank in metropolitan cities.

He further directed the Magistrates to ensure that no accused should be remanded to judicial custody mechanically in a routine manner.

Justice Chandra Kumar also pointed out when the accused was produced before the Magistrate, they should examine the matter judiciously and consider whether there were valid grounds for remanding the accused to judicial custody.

The judge said if the arrest was not necessary, the police should complete the investigation and file chargesheet before the court without arresting the accused.

The judge made it clear that in the case of dowry death, suspicious death, and suicide or where the allegations were serious in nature, the police officer could arrest the accused and the intimation of arrest should be immediately sent to the concerned SP.

The judge further ruled that no accused or witness should be unnecessarily called to the police station and in case their presence was required for inquiry, they should be sent back immediately after the competition of the purpose. There should not be any unnecessary harassment either to the relatives of the complainant or to the relatives of the husband. A fair and dispassionate investigation should be conducted.

After completing investigation, it should be verified by an officer not below the rank of Deputy Superintendent of Police.

The judge said, “During the investigation, if the investigating officer is satisfied that there is false implication of any person in the complaint then he may delete the names of such persons from the chargesheet after obtaining necessary permission from the SP or any other officer equivalent to that rank.”

“As soon as a complaint is received either from the wife alleging dowry harassment or from the husband that there is possibility of being implicated in a case of dowry harassment, then, both the parties should be asked to undergo counselling with any experienced counsellor or counsellors,” Justice Chandra Kumar said. He also said that the report of counsellors should be made as a part of the report to be submitted by the investigating officer to the court.

The judge ruled that the Superintendent of Police, in consultation with the Chairman, District Legal Services Authority, prepare a panel of counsellors and details of the panel of counsellors along with their address and phone numbers should be made available at all the police stations. The higher police officers should see that the parties do not make any allegations that they were forced to come to any settlement in police stations against their wish.

The advocates have to play their role in trying to unite the families and they must act as social reformers while dealing with these kinds of cases, particularly, where the couples have children. The judge directed the DGP to issue necessary instructions to all the concerned in this regard.