No arrest without checking complaints in dowry cases, says Supreme Court

In a big relief to innocent family members of husbands in dowry harassment cases, the Supreme Court on Thursday directed that no arrest should be made without examining a complaint by a committee of civil society members.

The top court directed the formation of one or more family welfare committees by the District Legal Services Authority in each district with civil society members, wives of officers, retired persons and para legal volunteers, to examine such complaints.

“Certain safeguards against uncalled for arrest or insensitive investigation have been addressed by this court. Still, the problem continues to a great extent,” the bench added.

Examining a case contending misuse of Section 498A, the apex court appointed Additional Solicitor General A S Nadkarni and senior advocate V Giri, who said there was a growing tendency to abuse the provision to rope in all the relatives, including parents, minor children, siblings, grandparents and uncles on the basis of vague and exaggerated allegations.

The arrest also hampered possible reconciliation and reunion of the couple, they added. Nadkarni said the offence should be made bailable and compoundable. Giri suggested that no arrest should be made without approval from the superintendent of police and impounding of passports and issuance of red corner notice must be avoided.