Amicus Curiae V Shekhar and Indu Malhotra concurred with Apex Court Bench. Shekhar remarked that facts and circumstances of each case will have to be considered independently and there cannot be any general guidelines.
Apex Court in Rajesh Sharma v. Union of India, in which it had laid down the safeguards to prevent misuse of Section 498A in Indian Penal Code, could soon be overturned by Apex Court’s Larger Bench.
SC’s three-judge Bench headed by CJI Dipak Misra and also comprising of JusticesAM Khanwilkar and Justice DY Chandrachud has expressed its reservations regarding correctness of the judgment while expounding that,“How can Court lay down the guidelines when there is an IPC provision? We could say that the investigating authority should be circumspect when exercising its power, but why should there be guidelines?”
Supreme Court was hearing the petition filed by a Maharashtra-based NGO, Nyayadhar which had moved Supreme Court raising a limited issue of inclusion of the woman members in Family Welfare Committee sought to be formed as per directions of the judgment.
Case has now been listed for third week of January,2018.
SC Bench comprising Justices Goel and Lalit had passed a judgment laying down the guidelines with a view to curbing spurious dowry harassment claims.
Apex Court Bench had issued a number of directions of which is Constitution of the Family Welfare Committees to vet the cases of the domestic violence by the family members.
According to the guidelines issued, Committees would have to comprise of “paralegal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing”.
Main function of these Committees would be to review complaints the filed under Section 498A of Indian Penal Code and interact with parties involved in these cases. Committees were required to prepare a report of case and submit it to relevant authority.
Apex Court had directed that no arrest will be made pending submission of Committees report.
Related New & Articles @ Latest Laws:
Source - ptinews.com