Apologise: Supreme Court raps IPS officer after ex-husband jailed over false cases

India Today

6 days ago

The Supreme Court has directed an IPS officer and her parents to issue an unconditional public apology to her former husband and his family for the "physical and mental trauma" they suffered due to multiple criminal cases filed against them, including allegations of rape and attempt to murder.The court also warned the officer "not to use her position and power" - or that of her colleagues or superiors - to initiate any proceedings against her ex-husband or his family.advertisementA bench of Chief Justice of India BR Gavai and Justice AG Masih passed the order while considering transfer petitions filed by both parties seeking to shift cases to their respective jurisdictions.
The court noted that the woman had filed six separate criminal complaints, including charges under Sections 498A (domestic cruelty), 307 (attempt to murder), and 376 (rape) of the Indian Penal Code.Two other complaints pertained to criminal breach of trust (Section 406), along with three complaints under the Domestic Violence Act. She had also moved the family court seeking divorce and maintenance. The husband, who had also filed for divorce, was jailed for 109 days, while his father spent 103 days in custody."What they have suffered cannot be resituated or compensated in any manner," the bench observed, calling for a public apology as moral redress."S_ and her parents shall tender an unconditional apology to the husband and his Family members which shall be published in the national edition of the renowned one English and one Hindi newspaper. Such apology shall also be published and circulated on all social media platforms like Facebook, Instagram, YouTube and other similar platforms. The expression of apology herein shall not be construed as an admission of liability and shall have no bearing on the legal rights, obligations, or consequences arising under law. The apology shall be published within 3 days from the date of this Order," the court stated.The court also specified the wording of the apology, which was to include expressions of regret and a wish for closure. It was to acknowledge the hurt caused to the husband's family and include lines such as: "I sincerely hope that this apology can be a step towards finding some peace and closure for all of us."The officer was also directed to express that her daughter - born out of wedlock - is at "no fault whatsoever" and that the husband's family is "most welcome to meet and get to know" her.Importantly, the court barred the officer from misusing her power as a government servant: "The wife shall not use her position and power as an IPS officer or any other position that she may hold in future, position and power of her colleagues/superiors or other acquaintances anywhere in the country, against the husband, his Family Members and Relatives by way of initiating any proceedings before any Authority or Forum through any third party/official or causing any bodily or mental injury to the husband and his family, in any manner whatsoever."advertisementAt the same time, the bench warned the husband and his family not to use the apology against the officer in any legal, administrative, or regulatory setting. "Otherwise it will be treated as contempt of court," the judgment said.The Supreme Court dissolved the marriage by invoking its powers under Article 142 of the Constitution. It noted that the couple had been living separately since October 2018 and that reconciliation was no longer possible due to bitterness caused by the legal battles.It ordered that all civil and criminal proceedings between the parties be quashed or withdrawn. Custody of the daughter was granted to the mother, with visitation rights to the father and his family.- EndsTune InMust Watch