Court asks inspector to explain arrest in closed dowry case

http://www.hindu.com/2004/02/15/stories/2004021508480600.htm

Online edition of India's National Newspaper

Sunday, Feb 15, 2004

Tamil Nadu

Court asks inspector to explain arrest in closed dowry case

By Our Staff Reporter

CHENNAI, FEB. 14. Taking exception to the arrest of a youth by an inspector on a dowry harassment complaint, despite her informing the court that the enquiry against him was closed, the Madras High Court ordered his release on bail.

Justice S. Ashok Kumar, who admitted a contempt application against the inspector of an all-woman station, however, gave four weeks for her to explain her act.

The matter pertains to an anticipatory bail plea by Pachianathan, his wife Saroja and son Jegannathan after his daughter-in-law preferred a dowry harassment complaint against them. At the time of the grant of advance bail, the inspector attached to the Ashok Nagar station here told the court that the complaint against the petitioners was closed and that no case was registered. Recording her version, the High Court dismissed the bail plea on January 22.

But Mr. Jegannathan was arrested on February 5. Though he furnished a copy of the court order, he was remanded to custody the same day. The contempt proceedings were initiated soon after.

Mr. Justice Ashok Kumar said, "a perusal of records would show that the inspector conducted enquiry on two occasions. The enquiry was closed and further action dropped on January 21 on the ground that he had agreed to live with his wife.''

There was little difference between the original complaint (since closed) and the present one, which led to the arrest of Mr. Jegannathan. ``The (first) complaint, filed on January 12, was enquired into and closed as withdrawn on January 21. In between January 21 and February 4, when the second complaint was preferred, nothing happened.''

The judge also cited a Supreme Court order, which read, ``it is of paramount public interest that people, after obtaining an order of the court, should not feel helpless or without any remedy when such order is flouted...If the protectors of law defy court orders, they will have to be sternly dealt with and appropriate punishment inflicted (on them).''

Holding that the second complaint was registered only on the "same set of facts and allegations," Mr. Justice Ashok Kumar ordered the release of Mr. Jegannathan on bail. As the day on which the order was passed happened to be a holiday for magistrate courts, he directed the Chennai Central Prison Superintendent to comply with the order immediately.