Supreme Court Seeks Centre’s Response on Plea Against False Criminal Cases
In a significant development, the Supreme Court on Thursday sought the response of the Union government in a public interest litigation filed by Ashwini Kumar Upadhyay seeking safeguards against false criminal cases. The Bench was led by Surya Kant.
The Bench, also comprising Joymalya Bagchi and Vipul M Pancholi, expressed concern about the misuse of the criminal process. At the same time, the Court noted that any directions in such matters may invite criticism.
Chief Justice Surya Kant observed that the Court cannot allow fear of public reaction to prevent it from addressing serious concerns. He remarked, “We will be accused of gagging but why should we be afraid of gagging. Because people abuse and then disappear away. We need to create a very informed society with sensitising people and they should know fundamental right of their neighborhood also. Principle of fraternity needs to be cultivated.”
The plea argues that fabricated criminal complaints are placing unnecessary pressure on courts and disturbing social harmony, particularly in rural areas. According to the petitioner, genuine disputes are often given a criminal colour.
During the hearing, the petitioner submitted that civil land disputes are sometimes converted into cases under special criminal laws. He stated, “This court is not burdened because of genuine but fake cases. The trial courts also. Jhagda hota hai zameen ka but case lagta hai SC ST ka. Imandar log darr darr ke reh rahe hai. The fabric of rural India is disturbed. Civil ka case criminal ban jata hai.”
The petition seeks directions to both the Union and State governments to put in place preventive safeguards. It argues that although the law punishes false evidence and false information, there is no effective administrative mechanism to stop such misuse at the initial stage.
One of the suggestions in the plea is to install display boards at police stations, court complexes, panchayat offices and educational institutions. These boards would clearly mention the penal consequences under the Bharatiya Nyaya Sanhita for filing false complaints.
The petitioner has also proposed that complainants should file a standard undertaking or affidavit affirming that the allegations made are true. Further, strict enforcement of provisions relating to perjury and fabricated evidence has been sought.
The Chief Justice highlighted another serious issue. He noted that in some cases, complaints are filed without the knowledge of the supposed victim. He observed that forged signatures and manipulation are sometimes used to exploit vulnerable individuals.
Referring to a recent matter, the CJI said, “See the case, wife came to us and said that this political leader is not involved in our case. Why would such point be made if not for gun power, money power….”
The Court has now issued notice to the Centre and will take up the matter again after four weeks.
