CHENNAI: State public prosecutor (SPP) Hasan Mohamed Jinnah has asked Director General of Police Shankar Jiwal to instruct police officials to avoid naming relatives of husbands in dowry harassment and cruelty to wife cases. In a letter written to the DGP on Friday, the SPP said the Supreme Court, in a recent case, has reiterated that police officers shall not arrest accused unnecessarily and magistrates must not authorise detention casually and mechanically as already instructed by the court in the Arnesh Kumar case.
It is pertinent to point out that while registering FIRs invoking Section 498A (husband or relative of a husband subjecting wife to cruelty) of IPC, invariably, apart from the name of the husband, names of all others mentioned in the compliant are also individually indicated in the FIR, the SPP said. “It shall necessarily be avoided while registering FIR henceforth and it is suffice to indicate the name of the husband alone,” Jinnah said.
“In respect of others alleged in the complaint, it shall be indicated as others”, the SPP said. Only after the investigation is complete, it will be clear whether others alleged are actually involved in the offence, the law officer explained. Jinnah added that permanent stigma is caused to all those who are named in the FIR since their names are publicised. While hearing a petition recently, Justice N Anand Venkatesh of the Madras HC reiterated the stand that relatives of the husband need not be named in the FIR, the SPP pointed out. Jinnah requested the DGP to instruct subordinate officers to ensure that husband’s name alone is mentioned in FIRs relating to dowry harassment cases.