Tamil Nadu   

State told to file affidavit on cases filed by Dowry Prohibition Officers

Chennai: The Madras High Court has directed the Tamil Nadu Government to file a detailed affidavit, affirmed by a responsible senior officer, indicating as to how many cases had been filed by the Dowry Prohibition Officers (DPOs) in the State for initiating prosecution under the Dowry Prohibition Act and rules.

The affidavit should also state whether Rule 5 (xxvii) (iii) had been complied with by the DPOs. As per the rule, a pledge should be administered on Dowry Prohibition Day (November 26) to students of schools, colleges and other institutions and by those employed in government service not to give or take dowry. It should also be indicated whether the government had decided to frame rules in accordance with the directions given by the Supreme Court in a case in 2005.

In its interim order on a writ petition by R. Raghavan, the First Bench, comprising the Chief Justice A.K. Ganguly and Justice F.M. Ibrahim Kalifulla, expressed its dissatisfaction at the casual manner in which the rules had been framed by the Centre under section 9 of the Act.

The Bench impleaded the Centre as a party to the proceedings and said a copy of the court order and the petition be served on P.Wilson, Assistant Solicitor-General of India. The court directed him to file a detailed affidavit on the lines indicated by it within three weeks. The petitioner sought a direction to the Tamil Nadu Chief Secretary (first respondent) to enforce the orders and directions passed by the apex court on implementation of the Act and rules. He also sought an ad-interim injunction restraining police officers from usurping the statutory powers of the DPOs, and consequently restrain police officers from effecting arrest or taking any action depriving personal liberty of a person accused under the legislation before conciliation or rapprochement was effected by the DPOs.

The Government Pleader sought time to take instructions and furnish details of the steps taken by the Tamil Nadu Government under the Act. The court then adjourned the matter for four weeks.

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