RTI to DGP on Arrests but later acquitted

Application filed under the RTI Act, 2005 u/s 6 (1) and 4(1)(d)

To
The Public Information Officer
O/o The Director General of Police
1-Tilak Marg,
Lucknow.

Sir / Madam,

Please furnish the following information by way of certified/attested copies, wherever relevant:

1. Is the Memo No. 15/2004 issued by the DGP, Uttar Pradesh on 17-May-2004 applicable to the city of Uttar Pradesh?

2. Whether any similar memo/circular is issued by any police authority for implementation & compliance by all Police Stations and Investigation Officers across the state of Uttar Pradesh?

(a) If yes,

(1) please furnish certified/attested copy of the communication sent by the concerned police authority to all the SPs.

(2) please furnish the mechanism/procedures adopted by the UP State Police dept for proper compliance by all Police Stations and Investigation Officers.

(b) If no, please furnish information on why the contents are irrelevant when thousands of people - minors, young males, young married & young unmarried women, senior citizen men & women - are being arrested every day. (Source: NCRB Statistics for 2008)

3. Arrests/Bails/Undertrials:

Please furnish the following information for each district in of the state of Uttar Pradesh for the year 2009 (i.e, from Jan 1, 2009 to Dec 31,2009) pertaining to IPC section 498-A, IPC section 304-B, Dowry Prohibition Act & related complaints:

(a) How many complaints were received
(b) How many persons were accused
(c) How many of the accused were arrested
(d) How many of the arrested were below the age of 18 years (minors)
(e) What is the age & sex of the youngest person arrested
(f) What is the age & sex of the oldest person arrested
(g) How many of these arrests were made on:
(1) Fridays,
(2) Saturdays,
(3) Sundays,
(4) On a day before it is holiday(s) for the courts

(h) After the arrest, how many of the arrested persons have committed suicide?
(i) After the arrest, how many of the arrested were released on bail
(1) on the same day
(2) within 3 days
(3) 4-7 days
(4) 8-15 days
(5) 16- 30 days
(6) One month to 6 months
(7) Upwards of 6 months

(j) How many were given bail but not released for want of sureties/caution money or security deposit

4. All the information sought in the para 3 above may also be furnished for top 10 cities/towns/police stations which received the highest complaints in the state of Uttar Pradesh.

5. Passports:

Please furnish the following information pertaining to the year 2009 with the reference to IPC 498A complaints, across the state of Uttar Pradesh, for each district:

a. How many passports, held by Indian nationals, have been seized/confiscated/withheld by the police?
b. How many passports, held by foreign nationals, have been seized/confiscated/withheld by the police?
c. Under what laws & authority have the police seized/confiscated/withheld these passports?

6. Chargesheeted but acquitted:
As per the statistics published by the National Crime Records Bureau, for the year 2008, out of the 3,74,760 cases pertaining to IPC 498A, the conviction happened only in 7,710 cases resulting in a mere 2% conviction rate. A skim through will highlight that the same is the scenario for all the previous years as well.
Please furnish the following information for each district in of the state of Uttar Pradesh for the year 2009 pertaining to IPC 498A & related complaints:

(a) How many of the arrested women were acquitted by the trial court?
(b) How many of the arrested men were acquitted by the trial court?
(c) What is the compensation that these acquitted persons are eligible for the loss of reputation caused by the arrest?

6. NHRC & Supreme Court of India Guidelines regarding Arrest:
(a) The National Human Rights Commission vide No. 7/11/99-PRP&P dated 22 November, 1999 and titled “NHRC Guidelines Regarding Arrest” issued specific guidelines and recommended to the adherence of the guidelines stipulated by the Hon’ble Supreme Court of India in its landmark judgement (Joginder Kumar’s case- (1994) 4 SCC 260).

Whether all the personnel, across the rank and file of the police department, are aware of the above cited guidelines?

(1). If yes, please furnish information pertaining to the compliance & adherence to the guidelines, point by point, mentioned in the NHRC circular.
(2). If no, please furnish information on the methods of creating such awareness among the rank and file of the police personnel in the state of Uttar Pradesh.


(b) The Hon’ble Supreme Court of India, in many of the judgements while criticizing the arbitrary methods of the police officers about the arrests, said that “loss of reputation (due to arrest) is equivalent to loss of life and liberty.”


Whether all the personnel, across the rank and file of the police department, are aware of these judgements of the Hon’ble Supreme Court of India?

(1). If yes, please furnish information on the steps taken by the highest officer and /or any other senior police officer in directing the Police Stations and Investigation Officers to ensure that the “loss of reputation due to unnecessary arrests” is curtailed.
(2). If no, please furnish information on the methods of creating such awareness among the rank and file of the police personnel in the state of Uttar Pradesh.

7. Remedial & Proactive Measures upholding rights of the common: Against this backdrop, please furnish information on the steps taken by your good office in upholding the dignity, liberty, respect, reputation, livelihood & rights of common man as enshrined in the Constitution of India in not getting arrested by police in IPC 498A and other related complaints.
All the above information may be sent by local speed post to the applicant’s address mentioned above.

Kindly provide information to each point separately. No clubbing of points even if information may be repeated.

Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act.

It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act,2005 and to the best of applicant knowledge it pertains to your esteemed office in your statutory capacity as Public Information Officer u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Kindly provide information to each point separately. No clubbing of points even if information may be repeated.

Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act.

It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of applicant knowledge it pertains to your esteemed office in your statutory capacity as Public Information Officer u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.

Kindly provide the name & designation of the officer who is providing this information along with the details (name & designation) of first appellant authority as per rules of RTI Act. Since there is every apprehension that the information being provided to me will not be relevant and will be misleading.

Further it is requested that the applicant (a citizen of India) would like to receive the above said information by registered / speed post on the address mentioned above, within 30days (thirty days). As prescribed under the Right of Information rule 2005 and as per the circular of Director General of Police- U.P via D.G.P office reference 80/2007 dated 14th September,2007 which stats that to provide the information of RTI application with-in 30days of time.

Your early reply will be appreciated.

Thanks & Regards,

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Address