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498A: Supreme Court does away with family welfare committees, restores role of cops

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498A: Supreme Court does away with family welfare committees, restores role of cops

The Supreme Court on Friday, September 14, did away with the requirement of a family welfare committee to examine veracity of complaints under Section 498A of IPC while advocating balancing of interests of both the sides in dowry harassment cases.

The judgment was rendered by Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud.

Modifying its judgment in Rajesh Sharma v. Union of India, which had laid down safeguards for the prevention of misuse of Section 498A of the Indian Penal Code, the Court scrapped the all-important direction contained in para 19(1) of the 2017 judgment which provided for constitution of Family Welfare Committees in every district to look into complaints under Section 498A and to submit a report on the same after interacting with the parties.

The two-judge Bench that passed the judgment in July 2017 had also directed that no arrest could be made till such committee submitted its report. This direction has now been done away with.

The Court restored the power of the police to decide whether or not to make arrest under Section 498A after it modified an earlier order of the apex court.

The three-judge bench headed by the CJI held that there is no need for a family welfare committee to examine complaints and that police officers, based on facts of the case and governed by the legal provisions, should decide on their own.

It also said that anticipatory bail provision shall remain intact for the husband and his family members.

The Court also favoured the view taken by a two-judge bench that bail plea should be expedited in case of arrests under Section 498A.

It however noted that a Court cannot frame guidelines for the police regarding registration of FIRs on subjecting a married woman to cruelty for dowry, as the process has to be governed by statutory provisions.

“There are no gaps in the law to be filled up by the courts,” said the SC bench.

The top court left it to Parliament to make suitable rules to check abuse of the law. The court said there are in-built remedies in Criminal Procedure to check the misuse of law like Section 41A and anticipatory bail among others.

In October last year, the Supreme Court had indicated that it would revisit its earlier verdict that put an end to automatic arrests under Section 498A of the IPC often invoked in dowry-related cases.

The Supreme Court bench had said it was “not in agreement” with the decision and “prima facie, we perceive that the guidelines may be in the legislative sphere”. “At this stage, we are obligated to state that we are not in agreement with the decision rendered in Rajesh Sharma vs State of UP, because we are disposed to think that it really curtails the rights of the women who are harassed under Section 498A (subjecting a married woman to cruelty) of the Indian Penal Code,” the bench had said.

The court’s earlier verdict, issued on July 27, 2017, had laid down a set of guidelines that included the setting up of family welfare committees to vet complaints of harassment. The court was hearing a PIL filed by NGO Nyayadhar which sought sharpness in Section 498A, claiming that the otherwise “helpful instrument” in the hands of victim women had become “valueless”. It had also sought a direction to include two women members in the three-member family welfare committee as suggested in earlier court order.

On Friday, the three-judge bench headed by CJI Dipak Misra held that such panels had no place under the established criminal procedural law. They were beyond the Code of Criminal Procedure Code.

With this, the Bench restored to the police their power to immediately register an FIR and act on a dowry harassment complaint filed by a married woman.

Chief Justice Misra observed that the Bench of Justices AK Goel (now retired) and UU Lalit, which passed the last year order, merely wanted to craft a fair and reasonable procedure for complaints under Section 498-A. Nevertheless, Justice Goel’s Bench could not have interpreted Section 498-A beyond the scope of the established law, CJI Misra, who authored the 35-page Friday judgment, observed.

Chief Justice Misra reasoned that one of the major factors that influenced the last year order was statistics published by the National Crime Records Bureau, which showed that 1,97,762 husbands and relatives were arrested in 2012 alone for dowry harassment. Justice Goel had observed how an arrest “brings humiliation, curtails freedom and casts scars forever”.

But Chief Justice Misra rationalised that the blame does not lie with Section 498-A, which was introduced in 1983 by Parliament to protect hapless married women against dowry menace. The evil lay in the misuse of arrest powers by the police “who behave like emperors considering the notion that they can do what they please”.

Section 498-A IPC is cognisable and non-bailable offence. A guilty person faces up to three years in prison.

Chief Justice Dipak Misra agreed with the last year order to have a designated police officer to probe dowry complaints. It had ordered the Director General of Police of every State to provide such officers rigorous training.

The Chief Justice however differed with Justice Goel’s direction to empower district judges to close dowry harassment cases if the parties reached out-of-court settlement. Instead, the parties would now have to approach the High Court concerned for quashing of the complaint filed by the married woman.

The Friday judgment concurred with the last year order that recovery of dowry items by itself cannot be a ground for denial of bail to the accused. The judgment also saw eye-to-eye with the direction of Justice Goel that impounding of passport of an accused person or issuance of Red Notice should not be done on a routine basis.

The three-judge Bench also held that accused persons should apply for exemption from personal appearance in dowry harassment hearings.

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BJP to launch 5,000-km Parivartan Yatra across West Bengal ahead of Assembly elections

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BJP

The Bharatiya Janata Party (BJP) will begin its large-scale ‘Parivartan Yatra’ in poll-bound West Bengal from Sunday, marking a major political outreach drive ahead of the upcoming Assembly elections.

The party said the campaign is designed to mobilise support across the state and counter what it alleges has been more than a decade of “corrupt, undemocratic, and anti-people governance” under the ruling Trinamool Congress (TMC).

Statewide mobilisation across nine divisions

According to party leaders, the Yatra will be conducted simultaneously in all nine organisational divisions of West Bengal. The outreach programme is expected to cover nearly 5,000 kilometres, passing through 38 organisational districts and more than 230 Assembly constituencies.

The BJP estimates the initiative will generate over one crore direct public touchpoints, focusing heavily on face-to-face interactions and grassroots engagement. As part of the campaign plan, the party has scheduled 63 large rallies and 281 welcome meetings at key entry points of Assembly constituencies.

With the slogan “Paltano Dorkar, Chai BJP Sorkar”, the party has framed the Yatra as both an electoral campaign and a broader political movement aimed at strengthening its organisational presence across the state.

Focus on governance, law and order, and corruption

The party’s messaging during the Yatra will centre on governance, accountability, and systemic reforms. BJP leaders plan to raise concerns related to women’s safety, alleged corruption in the education sector, including teacher recruitment issues, and what they describe as threats to national security.

Party sources indicated that demographic changes, illegal infiltration, and the presence of extremist elements in border districts will also be key themes during the campaign.

In rural areas, the outreach will emphasise agricultural infrastructure, implementation of centrally sponsored schemes, and removal of intermediaries. In urban regions, the narrative will focus on industrial development, youth employment, and improvements in urban transport systems.

Senior leaders to participate

More than 100 senior leaders from the central and state units are expected to be involved in the Yatra. The inaugural phase, scheduled for Sunday and Monday, will feature five launch events on the first day and four on the second.

Senior BJP leaders including Amit Shah, JP Nadda, Rajnath Singh, Dharmendra Pradhan, Shivraj Singh Chouhan, and Nitin Nabin are expected to attend various programmes during the campaign.

After a short break for Holi, the Yatra will resume from March 5 to March 10, with each unit operating for approximately nine hours daily. The campaign is set to culminate in a major public meeting at Kolkata’s Brigade Ground, where Prime Minister Narendra Modi is scheduled to address supporters.

The BJP is positioning the Parivartan Yatra as a significant step in reshaping the political landscape of West Bengal as the state moves closer to the Assembly elections.

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BJP alliances in Assam likely to be sealed by March 10

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himanta

Assam Chief Minister Himanta Biswa Sarma has indicated that the alliance between the Bharatiya Janata Party (BJP) and the Asom Gana Parishad (AGP) is expected to be finalised by March 10 ahead of the upcoming Assembly elections.

The AGP, a long-time ally of the BJP in Assam, is also a founding member of the National Democratic Alliance (NDA). Discussions between the partners are progressing, with indications that the formal announcement could come within days.

Sources said there could be “friendly fights” between the BJP and AGP in a few constituencies. Such arrangements may be considered to accommodate local-level aspirations and party workers from both sides.

The BJP is also likely to conclude seat-sharing discussions with the Bodoland People’s Front (BPF) by March 10. In the previous Assembly election, the BPF had aligned with the Indian National Congress (Congress), but it has now returned to the NDA fold.

However, seat-sharing talks between the BJP and its other Bodoland-region partner, the United People’s Party Liberal (UPPL), are reportedly facing hurdles. Earlier, Mr Sarma had stated that the UPPL would not join hands with the Congress.

On the opposition side, the Congress is dealing with its own alliance challenges. Negotiations with Akhil Gogoi-led Raijor Dal are underway, but sources suggested that discussions have not been progressing smoothly.

Congress sources said seat-sharing arrangements with the Assam Jatiya Parishad (AJP) and Left parties are almost finalised. An official announcement is awaited from the party’s high command.

As political negotiations intensify, both the ruling NDA and the opposition camp are working to conclude alliances and seat-sharing deals in the run-up to the state polls.

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Rohit Pawar alleges big personality link in Ajit Pawar plane crash case

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Rohit pawar

Nationalist Congress Party (SP) MLA Rohit Pawar on Thursday alleged that a “big personality” was connected to the company linked to the plane crash that killed his uncle, Maharashtra Deputy Chief Minister Ajit Pawar, and others in Baramati last month.

Addressing reporters after holding a protest, Rohit Pawar demanded the resignation of Union Civil Aviation Minister K. Rammohan Naidu. He alleged that the minister’s party had financial links to the company involved in the crash and said he should step down from his post.

“The owner of VSR company is close to very powerful leaders. Many people in Maharashtra are connected to this. There is a clear attempt to protect VSR because some ‘big personality’ is involved in this,” Rohit Pawar said.

Demand for wider probe

The fatal aircraft accident occurred in Baramati on January 28. Following the incident, the investigation into the accidental deaths of Ajit Pawar and others was transferred to the Criminal Investigation Department (CID) of the Pune Police, considering the gravity of the case.

Rohit Pawar questioned the progress of the probe and said the public must be informed about the steps taken so far. He pointed out that the Aircraft Accident Investigation Bureau (AAIB) examines technical aspects of an aviation mishap, but not possible criminal angles.

Additional Director General of Police Sunil Ramanand said the CID investigation is exploring multiple aspects, including whether there was any foul play or sabotage behind the accident, whether criminal negligence played a role, and whether there was any larger conspiracy. He added that the AAIB report would be incorporated into the CID’s findings once received.

Family voices concerns

Referring to concerns raised by family members, Rohit Pawar said that Jay Pawar, Ajit Pawar’s son, had expressed doubts on social media regarding the aircraft’s black box. Sunetra Pawar, Ajit Pawar’s wife, has sought a probe by the Central Bureau of Investigation.

Speaking emotionally about his relationship with his uncle, Rohit Pawar said Ajit Pawar had guided him politically and personally. He added that Ajit Pawar had wished to reunite with Sharad Pawar and had recently spoken to him.

The CID continues its investigation, while awaiting the technical report from the AAIB.

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