SC orders IPS officer to tender unconditional public apology to husband, in-laws jailed in false cases

Supreme Court

The Supreme Court on Tuesday directed an Indian Police Service (IPS) officer to issue an unconditional public apology, both in print and on social media, to her former husband and his family, after they endured months of incarceration due to multiple criminal cases filed by her during a protracted matrimonial dispute.

The apex court asked the officer and her parents to publish a detailed apology in one national English and one Hindi newspaper, and to circulate it across social media platforms including Facebook, Instagram and YouTube within three days.

The format of the apology was prescribed by the court and is not to be altered in any manner.

Taking cognizance of the fact that the husband had spent 109 days in jail and his father 103 days owing to the allegations, a bench led by Chief Justice of India Bhushan R Gavai and Justice AG Masih said: “What they have suffered cannot be resituated or compensated in any manner.” The court said a public apology was necessary as a form of moral restitution for the “physical and mental trauma” caused.

Both the husband and the woman had filed for divorce after they separated in 2018, and both sides had moved the Supreme Court seeking transfer of various cases to their respective jurisdictions. The top court was hearing these transfer petitions when it chose to invoke its special powers under Article 142 of the Constitution to settle the long-standing legal battle.

The apex court further restrained the IPS officer from misusing her official position or influence through her colleagues or superiors to initiate any fresh action against her former husband or his family members.

The court then formally dissolved the marriage, originally solemnised in 2015, under Article 142, holding that the couple had been living separately since 2018 and that any hope of reconciliation had vanished due to the bitterness generated by years of litigation. The court also ordered that all 30 criminal and civil cases between the couple and their families stand quashed.

In the same judgment, the Supreme Court also endorsed a 2022 order of the Allahabad High Court passed in one of the cases between the couple, that laid down safeguards to curb the misuse of Section 498A of the Indian Penal Code, which criminalises cruelty in matrimonial relationships.

The top court approved the requirement for a family welfare committee to be constituted in each district to examine complaints before any coercive action is taken and upheld the stipulation that no arrest should be made for a period of two months after the registration of an FIR under Section 498A.