HC stays MSCW's arrest warrant
Source: Hueiyen News Service
Imphal, May 20 2013:
Acting on a writ petition filed by one Keisham Rojenkumar of Haobam Marak Keisham Leikai contesting against the warrant of arrest issued by Manipur State Commission for Women (MSCW) in connection with a domestic violence case, the Manipur High Court has stayed the case taken up by MSCW on the ground that the function of the Commission enumerated under Section 10 of Manipur State Commission for Women Act, 2006 do not cover matters related to dealing of individual domestic dispute.
The writ petition was filed in the High Court praying for quashing the proceedings of the complaint case no.22 of 2013 under Domestic Violence Act pending before MSCW.
The complaint case has been lodged by film actress Chingtham Deviya, d/o Ch Ibotombi of Haobam Marak Chingtham Leikai, who claims herself to be Rojenkumar's daughter-in-law against Rojenkumar, his son James and wife Sarda charging them with domestic violence against the complainant.
Accordingly, MSCW issued a warrant against the accused trio.
However, the writ petition contested that MSCW is neither a Court nor a tribunal.
It is just a body constituted under Section 3 of the Manipur State Commission for Women Act, 2006 by the State Government to exercise the powers conferred on it and to perform the functions assigned to it under Section 10 of the same Act and, thus, the Commission cannot be permission to function as a parallel court as it was not the intention of the legislatures while enacting the Act.
After hearing both the parties on May 9, the High Court has served necessary notices returnable within two weeks to all concerned and stayed the proceeding of the Commission.