In this Writ Petition by Sushil Kumar Sharma, which was dismissed though, had this prayer,
By this petition purported to have been filed under Article 32 of the Constitution of India, 1950 (in short ‘the Constitution’) prayer is to declare Section 498A of Indian Penal Code, 1860 (in short ‘the IPC’) to be unconstitutional and ultra vires in the alternative to formulate guidelines so that innocent persons are victimized by unscrupulous persons making false accusations.
And,
Further prayer is made that whenever, any court comes to the conclusion that the allegations made regarding commission of offence under Section 498 IPC are unfounded, stringent action should be taken against person making the allegations. This according to the petitioner, would discourage persons from coming to courts with unclean hands and ulterior motives. Several instances have been highlighted to show as to how commission of offence punishable under Section 498A IPC has been made with oblige motive and with a view to harass the husband, in-laws and relatives.
Here is the legal terrorism comment,
The object of the provision is prevention of the dowry menace. But as has been rightly contended by the petitioner many instances have come to light where the complaints are not bonafide and have filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignonymy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore, is what remedial measures can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra-vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not assassins’ weapon. If cry of “wolf” is made too often as a prank assistance and protection may not be available when the actual “wolf” appears. There is no question of investigating agency and Courts casually dealing with the allegations. They cannot follow any strait jacket formula in the matters relating to dowry tortures, deaths and cruelty. It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre- conceived notion or view. It is strenuously argued by the petitioner that the investigating agencies and the courts start with the presumption that the accused persons are guilty and that the complainant is speaking the truth. This is too wide available and generalized statement. Certain statutory presumption are drawn which again are reputable. It is to be noted that the role of the investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their effort to see that in innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. It is equally indisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. While dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view.
And it was dismissed like this,
Prayer has been made to direct investigation by the Central Bureau of Investigation (in short the ‘CBI’) in certain matters where the petitioner is arrayed as an accused. We do not find any substance in this plea. If the petitioner wants to prove his innocence, he can do so in the trial, if held.
Citations: [2005 ALLMR SC 5 982], [2005 SCR 730], [2006 CRLR 44], [2005 SRJ 8 90], [2005 CRLJ 0 3439], [2005 CRI LJ 3439], [2005 RCR CRI 3 745], [2005 SCC CR 0 1473], [2005 AIOL 300], [2005 CCR 3 43], [2005 KERLT 3 611], [2005 JT 6 266], [2005 CRLR 661], [2005 SCALE 5 523], [2005 MLJ CRI 1 887], [2005 ALLMR 5 982], [2006 CALCRILR 44], [2005 SLT 5 438], [2005 JCRIC 2 1193], [2005 ALD CRI 2 633], [2005 DMC 2 325], [2005 SCJ 5 303], [2005 SCC 6 281], [2005 AIR SC 3100], [2005 SCC CRI 0 1473], [2005 AIR SC 0 3569], [2005 UJ SC 2 1057], [2005 SUPREME 5 137]
Other Source links: https://indiankanoon.org/doc/1172674/ and https://www.casemine.com/judgement/in/5609ae15e4b0149711412e70
