Arrest warrant after death

Originally posted by : rajesh
	Dear Experts, I have been facing a strange and sad situation. Couple of days a ago I got a call on my mobile from Delhi police saying that an arrest warrant has been issued against my father who passed away in september 2008. The mobile number that I am using is my father's number ,I explained to them that my father is no more but the inspector asked me to talk to a lawyer else he will proceed with the arrest. I called the lawyer to find out the issue he said that my father had taken a loan from a financial institution not a bank and there is a default amount of around ten thousand rupees.I am sure that my father had never defaulted on any loan and I dont have any information or documents regarding the loan that has been taken and the repayment that has been done to verify the lawyers claim. After his death we have settled any outstanding balances that have been brought to our notice. A couple of days later the inspector again called and threatened that since I am using the mobile the arrest warrant will be issued on me and this is a criminal offence. I am not sure how to react to this situation it is causing me a lot of mental stress.I will be very grateful if the experts can help me out here. Thankyou, Rajesh

Let the inspector arrest the soul.:)

 

Make a compaint to the senior police officials that you are being harassed by the police inspector.You don't need to fear.

 

 

 

Note-This reply should be taken as per the declaration given in my profile page.

 

 

Thanks,

Regards,

Do'nt worry.there is no criminal liability of your father, though he was innocent and since deceased.Actually they want "SWEET" from you.

 

I want to provide some extrat from a citation.which may please read:-----

The Law Commission in July 2002 has severely criticized the police of our country for the arbitrary use of power of arrest which, the Commission said, is the result of the vast discretionary powers conferred upon them by this Code. The Commission expressed concern that there is no internal mechanism within the police department to prevent misuse of law in this manner and the stark reality that complaint lodged in this regard does not bring any result. The Commission intends to suggest amendments in the Criminal Procedure Code and has invited suggestions from various quarters. Reference is made in this Article to the 41st Report of the Law Commission wherein the Commission saw `no justification' to require a person to submit to custody, remain in prison for some days and then apply for bail even when there are reasonable grounds for holding that the person accused of an offence is not likely to abscond or otherwise misuse his liberty. 

Irrational and Indiscriminate arrest are gross violation of human rights. In Joginder Kumar's case (supra), a three Judge Bench of this Court has referred to the 3rd report of the National Police Commission, in which it is mentioned that the quality of arrests by the Police in India mentioned power of arrest as one of the chief sources of corruption in the police. The report suggested that, by and large, nearly 60% of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2% of the expenditure of the jails. 

Mr. Bhadra thanks a lot for your answer, I would like to bring to the notice of the members of this esteemed forum that there is a scam going on in the name of debt collection, there are taking old records from various agencies and calling in the name of Delhi police and will ask you to call a lawyer by the name of S.K.Rathore for further details. After calling him he will ask you to clear the amount immediately otherwise an arrest warrant will be issued.Please be aware of such calls.You can google for more information on this scam.

This is a cheque case so routine warrant even if iisued.

 

Find case details from the court and submit application about expiry of your father and case will be closed.

 

Just because your father has an outstanding loan in the bank, does not mean that the Bank should be harsh on you in that matter. Please go through the RBI Instructions below, and politely approach your father's banker.

RBI / 2005-06 / 211
DBOD.FSD.BC. 49/ 24.01.011/ 2005-06

November 21, 2005

All Commercial Banks / NBFCs
(Excluding RRBs)

Dear Sir,

 

(iii) Fair Practices in debt collection

(a) In the matter of recovery of dues, banks / NBFCs may ensure that they, as also their agents, adhere to the extant instructions on Fair Practice Code for lenders (circular DBOD. Leg. No. BC. 104 /09.07.007 / 2002–03 dated May 5, 2003) as also IBA’s Code for Collection of dues and repossession of security. In case banks / NBFCs have their own code for collection of dues it should, at the minimum, incorporate all the terms of IBA's Code.

(b) In particular, in regard to appointment of third party agencies for debt collection, it is essential that such agents refrain from action that could damage the integrity and reputation of the bank / NBFC and that they observe strict customer confidentiality. All letters issued by recovery agents must contain the name and address of a responsible senior officer of the card issuing bank whom the customer can contact at his location.

(c) Banks / NBFCs / their agents should not resort to intimidation or harassment of any kind, either verbal or physical, against any person in their debt collection efforts, including acts intended to humiliate publicly or intrude the privacy of the credit card holders’ family members, referees and friends, making threatening and anonymous calls or making false and misleading representations.

8. Right to impose penalty

The Reserve Bank of India reserves the right to impose any penalty on a bank / NBFC under the provisions of the Banking Regulation Act, 1949 for violation of any of these guidelines.