Sir, I AM AN ADVOCATE by profession and I have been booked under 498-A/406 in year 2012 at the instance of the complaint made by my SIL..The Police acted on the fake list prepared by my SIL which is not in compliance of Rule 2 of Dowry Prohibition Rules, 1985 and opposed our bail application and chargsheet is alos filed on that forged list
I simply filed the RTI seeking information from Police .The Police had acted purely on my RTI and issued memos to its PS
The extarcts of my RTI and memos issued are as follows
5 Please inform Haryana police officials who deal with marital disputes and dowry related cases are aware of Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985. If the answer is yes, then are they complying the provisions of the Dowry Prohibition Rules, 1985 while accepting complaints from woman or her relatives?
REPLY: Dowry Prohibition Rules , 1985 are complied with
6 Please provide certified copies of directions issued by your Department to Subordinate Police officials to issue directions to I/O to collect, verify and attach the evidences like the bills of purchase and receipts, cash flow, income tax returns as per the complaint copy before arguing in court for denial of anticipatory bail and seeking police custody of family members and main accused u/s 498 A, 406, as dowry articles are not fully recovered.
Dowry Prohibition Rules, 1985 are complied with . Besides this necessary direction have been issued to all district units for necessary compliance/taking necessary action in accordance to Point No 2 (1) and 2 (a) (b) ( c) & (d) vide No 2822-2855/CAW-5 dated 24.03.2014 and No 4048-4076/CAW-5 dated 25.04.2014 ( copy enclosed)
7 Please inform what directions has been issued to the Police for registering the case against the bride family under Dowry prohibition Act who alleges that had given huge dowry at the time of marriage ?
Action is taken as per law
From The Director General of Police,
1 Commissioners of Police, GGN, FBD & AMB-PKL
2 All Range Inspectors General of Police
3 Inspectors General of Police, Railways, Harayana
4 DcsP/Pachkula, Ambala and Ambala Rural
5 All Distt. Ssp in Haryana
6 SP/Rlys (H) AMB/Cantt
No 2822-2855/CAW-5 24/3/14 dated Panchkula, the
Subject: Implementation of Dowry Prohibition Rules, 1985
Enclosed Please find a copy of Dowry Prohibition ( Maintenance of Lists of presents to the bride and Bridegroom), Rules, 1985 for information and necessary action. You are requested to send the compliance i.e action in regard to deal with marital disputes and dowry related cases, are being taken in accordance with the rules
For Director General of Police
From Police Haryana
7 C.Ps/, GGN, FBD & AMB-PKL
8 All Range IsGP in Haryana
9 DCPS/PKL, AMB & AMB Rural
10 All Distt. SPs in Haryana
11 SP/Rlys (H) AMB/Cantt
No 4048-4076/CAW-5 dated 25.04.2014. In- Continuation to this office memo No 2822-2855/CAW-5 dated 24.03.2014 regarding implementation of Dowry Prohibition Rules, 1985(.).Your compliance report in this regard has not been received so far (.) You are, therefore, again requested to implement the above said Rules Point No. 2 (1) and (2) (a, b,c & d) and send the compliance report to this office at earliest(.) Matter most urgent(.)
For Director General of Police
My queries are:
1 Since Police had acted purely on the fake list and has not followed the procedures of Rule 2 of Dowry Prohibition rules and opposed our bail application which violates the perosnal liberity of my family members?
What action could be suggested for enforcing fundamental rights ??
2 Since chargsheet is filed purely on the basis of forged list without mentioning of the claimed sources of the funds, cash flow money ect..whether complaint can be made to DGP rank officers to issue directions to police to give undertaking in trial court that their investigation was not in accordance with the rules