BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. SUBRAMANIAN, L. VICTORIA GOWRI, JJ.
K. Janarthan – Appellant
Versus
Vimala, Inspector of Police, Madurai – Respondent
Cont. P(MD)No. 1412 of 2022 in Crl.A.No. 1277 of 2014
Decided On : 28-06-2023
Contempt of Court - All Women Police Station - Criminal Procedure Code, 1973, Section 41A - Summary
Fact of the Case:
A contempt petition was filed against the Inspector of Police at an All Women Police Station for disobeying the guidelines of the Hon'ble Supreme Court in a matrimonial case. The petitioner alleged that the police arrested him and his parents without proper enquiry, while the police denied the allegations and tendered an unconditional apology.
Finding of the Court:
The court found that the police acted hastily in arresting the petitioner, but also noted the gravity of the dowry demand and harassment against the complainant. The court accepted the police officer's apology and refrained from upholding the contempt, warning the police to avoid such conduct in the future.
Issues: The issues revolved around whether the police committed contempt of court by disobeying the Supreme Court's guidelines and whether the High Court had jurisdiction to initiate contempt proceedings for the contempt of a superior court.
Ratio Decidendi: The court emphasized the need for caution in exercising the power of arrest, as highlighted by the Hon'ble Supreme Court. It also considered the timely and genuine nature of the apology in determining the outcome of the contempt petition.
Final Decision: The contempt petition was closed with a warning to the police and a direction to the Director General of Police to implement specific measures in All Women Police Stations across the State.
JUDGMENT
(Prayer: Contempt Petition is filed under Section 11 of the Contempt of Court Act, to initiate contempt proceedings against the contemnor and punish her for willfully disobeying the order passed in Hon''ble Apex Court in Crl. Appeal No.1277 of 2014 on 02.07.2014.)
L. Victoria Gowri, J.
Prelude:
When the State of Tamil Nadu is celebrating the State Police Women''s Wing’s Golden Jubilee in this year of 2023, it is an irony that a contempt case has been initiated against the Inspector of Police of the All Women Police Station at Thilagar Thidal Police Station, Madurai city before this Court. Since 1973, when the first batch of the Women’s Wing of Tamil Nadu State Police comprising one Sub Inspector and 20 otherpersonnel were inducted into the Tamil Nadu Police Force, for the past more than 30 years the State Police''s Women’s Wing has come a long way. The novel idea of “All Women Police Station” was first introduced in this State in the year 1992 by the then Chief Minister with the greatest vision of commencing a full fledged mission to look into the nuances of the safety and security of women by the women themselves in the State. The first of its kind was established in the Thousand Lights area of Madras City. Thereafter, this experiment was extended to all the Sub Divisional Headquarters and today this State can boast of having a total number of 222 All Women Police Stations and a total female strength of 35,359 Women Police Personnel across the State.
2. Gamut of controversy:
2.1. The petitioner in this contempt petition is one K.Janarthan, who has filed the same against Mrs.Vimala, the Inspector of Police, All Woman Police Station, Thilagar Tidal Police Station, Madurai City, for committing Contempt of Court by disobeying the order passed by the Hon''ble Apex Court in Crl. Appeal No.1277 of 2014 dated 02.07.2014, in Arnesh Kumar Vs. State of Bihar and Another [2015 (1) LW (Crl.) 318]. The petitioner herein is the husband of Varsha, who preferred a complaint on 23.06.2022 to the All Women Police Station, Thilagar Tidal alleging that the contempt petitioner and his parents have indulged in heinous domestic violence, dowry demand and abuse against her, thereby committing an offence punishable under Sections 498A, 406, 417, 420, 506(1) IPC and 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, which prompted the contemnor police to register a case in Crime No.32 of 2022 on the same day. Following which, on 24.06.2022, the contemnor police with a team of police persons, served notice of appearance under Section 41 A of the Code of Criminal Procedure, 1973 on the petitioner and his parents and without waiting for them to co-operate, dragged the petitioner and his parents to the police station and thereafter without conducting proper preliminary enquiry following the guidelines laid down by the Hon''ble Apex Court in Arnesh Kumar Vs. State of Bihar and Another [2015 (1) LW (Crl.) 318] and Lalita Kumari Vs. Government of Uttar Pradesh and Others [2014 (2) SCC 1] remanded the contempt petitioner to judicial custody. Such an arrest has resulted in the contempt petitioner filing this petition against Mrs.Vimala, the Inspector of Police, Thilagar Tidal Police Station at Madurai city. This Court also took cognizance of the said contempt petition and ordered notice on 20.10.2022.
2.2. That apart, this Court on 18.04.2023, passed an order, directing the Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai, to file an affidavit, disclosing the details of compliance with the directions issued in paragraph No.13 of the judgment of the Hon''ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar and Another [2015 (1) LW (Crl.) 318].
2.3. On receipt of the same, the Director General of Police has filed an affidavit in compliance to the order made by this Court, elaborating that a circular memorandum, dated 20.08.
AI
The timely and genuine apology can mitigate the consequences of contempt, and the High Court's jurisdiction is limited to punishing contempt of itself and subordinate courts.
Illegal arrest –Power to arrest – No arrest without reasonable satisfaction
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