A Delhi court has come down heavily on Amritsar police for "serious non-compliance" of Supreme Court directions in sending a sub-inspector to "automatically" arrest a man and his mother here in a case of dowry harassment.
The court asked the Inspector General (Amritsar) to ensure compliance of Supreme Court directions that police cannot arrest accused in such cases "automatically" without permission of seniors.
The court's order came while dealing with the anticipatory bail pleas of the man and his mother, residents of Delhi, in the case of domestic violence filed by his wife in Amritsar.
The man and his mother were previously arrested by Amritsar Police but were granted bail by a Delhi court. The police again came to their surety's house and apprehending arrest, they moved court seeking anticipatory bail.
While holding that there was a "serious non-compliance rather an actionable violation" of the directions of the apex court, Additional Sessions Judge Kamini Lau directed Amritsar Police to transfer the FIR to Delhi Police as the cause of action, i.e alleged threats extended to the woman on phone by her in-laws, arises here.
Referring to the apex court direction 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 given circumstances would not have any backing of law.
"In this case the perusal of the investigation file shows that no permission to arrest has been given by the concerned Superintendent of Police (SP) for arresting the accused nor there is any speaking order as contemplated herein above.
"The only order on record is on the application filed by the Investigating Officer (IO) seeking permission to leave the station along with police party for arrest of the applicants, which permission has been granted, but there is certainly no order of the SP concerned granting permission to the IO to arrest the accused after exhausting the procedure as laid down by the Supreme Court.
"This in my view is a serious non-compliance rather an actionable violation of the directions of the Supreme Court and any arrest under the given circumstances would not have any backing of law," the court said.
The order was passed in the presence of the IO of the case, who had come from Amritsar, on court's notice.
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