Plea for safeguards against false criminal cases: Supreme Court seeks Centre's response

The Supreme Court on Thursday issued notice to the Central government on a public interest litigation (PIL) petition seeking safeguards against false complaints and fabricated criminal prosecutions, with Chief Justice of India Surya Kant cautioning that fear of criticism cannot deter the Court from addressing abuse of the criminal process..A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi raised concerns that orders/directions by the Court in the matter could lead to accusations of court gagging or restricting rights of peoples.Nevertheless, the Court said that fear of criticism cannot deter it from addressing the issue of abuse of the criminal process.“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 CJI remarked.Hence, it sought the response of the Union government..The Court was hearing a plea by BJP leader Ashwini Kumar Upadhyay who argued that fake cases were affecting the criminal justice system. “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 (Dispute over land is turned into case under SC/ST Act, Civil dispute is given criminal colour. Decent people live in fear),” he submitted..He sought directions to the Union and all States to operationalise safeguards against false complaints and and fabricated evidence..According to his petition, despite statutory provisions dealing with false evidence and false information, the absence of a preventive administrative mechanism has allowed misuse of criminal law to persist.The plea said that display boards should be installed at police stations, court complexes, panchayat offices and educational institutions setting out the penal consequences under Bharatiya Nyaya Sanhita for lodging false cases.There should also be a standard undertaking or affidavit affirming the truth of allegations at the time of filing of a complaint.Further, directions were also sought for effective enforcement of provisions dealing with perjury and fabricated evidence..The CJI responded that the issue also extends to cases where complaints are filed without the knowledge of the victim. “The problem is when false complaints are lodged… the defacto complainant does not even know that it is filed. It is done by fake signs etc and the poor fellow does not even know that he is being exploited by the rich and well off,” the CJI remarked..Referring to a recent instance placed before the Court, 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 matter will be heard next after four weeks..[Read Live Thread].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.