LawforAll

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Wednesday, May 9, 2018

sec.498A IPC - no complaint was made by Malathi or her parents regarding any dowry related harassment - no conviction under sec.498 A IPC= Charges were framed against A-1, A-2 and A-3 for offences punishable under Sections 498A, 302 read with Section 34 IPC and also under Section 4-A(1)(2)(i) of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 (1998 Act, for short). Court of Sessions at Cuddalore by its judgment and order dated 11.09.2006 in Sessions Case No.82/2006 found A-1 guilty of offences punishable under Section 302, 498A IPC and under Section 4-A(1)(2)(i) of 1998 Act. The appellants were acquitted of the 5 charges under Section 302 IPC and Section 4-A(1)(2)(i) of 1998 Act but were convicted for the offences under Section 498A IPC = The evidence in the present case shows that after the letter was sent by Malathi to the office of Chief Minister, inquiries were conducted by the police. The evidence further indicates that at that juncture, no complaint was made by Malathi or her parents regarding any dowry related harassment. Further, she was brought to Cuddalore on 08.12.2003 where the couple used to live separately and the incident in question occurred on the intervening night between 8th and 9th December, 2003. In the circumstances, 7 the evidence on record is completely inadequate to bring home the charge against the appellants. We have gone through the entirety of the matter and in our considered view, both the appellants are entitled to acquittal.

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1 Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1340 OF 2013 Manoharan & Anr. …....

justifiability of the action taken by the Drugs Controller General of India and the Indian Council of Medical 5 Research (ICMR) pertaining to the approval of a vaccine, namely, Human Papilloma Virus (HPV) = When issues, facts come before a Court of law for adjudication, the Court is to decide the issues on the basis of evidence and materials brought before it and in which adjudication Parliamentary Committee Report may only be one of the materials, what weight has to be given to one or other evidence is the adjudicatory function of the Court which may differ from case to case. The Parliamentary Committee Reports cannot be treated as conclusive or binding of what has been concluded in the Report - OUR CONCLUSIONS (i) According to sub­clause (2) of Article 105 of Constitution of India no Member of Parliament can be held liable for anything said by him in Parliament or in any committee. The reports submitted by Members of Parliament is also fully covered by protection extended under sub­clause (2) of Article 105 of the Constitution of India. (ii) The publication of the reports not being only permitted, but also are being encouraged by the Parliament. The general public are keenly interested in knowing about the parliamentary proceedings including parliamentary reports 134 which are steps towards the governance of the country. The right to know about the reports only arises when they have been published for use of the public in general. (iii) Section 57(4) of the Indian Evidence Act, 1872 makes it clear that the course of proceedings of Parliament and the Legislature, established under any law are facts of which judicial notice shall be taken by the Court. (iv) Parliament has already adopted a report of “privilege committee”, that for those documents which are public documents within the meaning of Indian Evidence Act, there is no requirement of any permission of Speaker of Lok Sabha for producing such documents as evidence in Court. (v) That mere fact that document is admissible in evidence whether a public or private document does not lead to draw any presumption that the contents of the documents are also true and correct. (vi) When a party relies on any fact stated in the 135 Parliamentary Committee Report as the matter of noticing an event or history no exception can be taken on such reliance of the report. However, no party can be allowed to 'question' or 'impeach' report of Parliamentary Committee. The Parliamentary privilege, that it shall not be impeached or questioned outside the Parliament shall equally apply both to a party who files claim in the court and other who objects to it. Any observation in the report or inference of the Committee cannot be held to be binding between the parties. The parties are at liberty to lead evidence independently to prove their stand in a court of law. (vii) Both the Parties have not disputed that Parliamentary Reports can be used for the purposes of legislative history of a Statute as well as for considering the statement made by a minister. When there is no breach of privilege in considering the Parliamentary materials and reports of the Committee by the Court for the 136 above two purposes, we fail to see any valid reason for not accepting the submission of the petitioner that Courts are not debarred from accepting the Parliamentary materials and reports, on record, before it, provided the Court does not proceed to permit the parties to question and impeach the reports. (viii) The Constitution does not envisage supremacy of any of the three organs of the State. But, functioning of all the three organs is controlled by the Constitution. Wherever, interaction and deliberations among the three organs have been envisaged, a delicate balance and mutual respect are contemplated. All the three organs have to strive to achieve the constitutional goal set out for 'We the People'. Mutual harmony and respect have to be maintained by all the three organs to serve the Constitution under which we all live. (ix) We are of the view that fair comments on report of the Parliamentary Committee are fully 137 protected under the rights guaranteed under Article 19(1)(a). However, the comments when turns into personal attack on the individual member of Parliament or House or made in vulgar or abusive language tarnishing the image of member or House, the said comments amount to contempt of the House and breach of privilege. (x) The function of adjudicating rights of the parties has been entrusted to the constituted courts as per Constitutional Scheme, which adjudication has to be made after observing the procedural safeguards which include right to be heard and right to produce evidence. Parliament, however, is not vested with any adjudicatory jurisdiction which belong to judicature under the Constitutional scheme. (xi) Admissibility of a Parliamentary Committee Report in evidence does not mean that facts stated in the Report stand proved. When issues of facts come before a Court of law for adjudication, the Court is to decide the issues 138 on the basis of evidence and materials brought before it. 152. The questions having been answered as above, let these writ petitions be listed before the appropriate Bench for hearing.

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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 558 OF 2012 Kalpana Mehta and others ...