Senior citizens need our care, guidance and support: Calcutta High Court

The Calcutta High Court recently stressed on the need to pay attention to and care for senior citizens, while quashing a criminal case filed against two senior citizens over a property-related dispute [Sharmila Bhattacharjee vs State of West Bengal]..The case prompted Justice Shampa Dutt (Paul) to comment on the importance of senior citizens and the need to support them in their twilight years. "The senior citizens in our lives need our care and with respect also our guidance and support regarding their total welfare. More so, those who are left alone to spend their remaining days, missing the warmth of a family that disintegrated with time. Children moving out for better opportunities and then progressing to set up their own families elsewhere leaving behind the guardians with only their memories," the Court observed. .Senior citizens and guardians who have looked after children in their growing years and with unconditional love would now need children for support, the judge noted. "The hollow (empty) feeling of living alone cannot be described in words. To live a life, without the close comfort of family members, requires tremendous effort to carry on without any expectation and accept it, till one finally gives up. It is for all of us, (who too apprehend such future) to pay extra attention and care to the tired hearts nurturing generations," she underscored. .The Court was dealing with a plea filed by a widowed senior citizen and her brother-in-law (petitioners) seeking to quash a First Information Report (FIR) lodged against them citing charges of cheating and criminal conspiracy. .The case had its genesis in an agreement by the widowed senior citizen to sell some property. The agreement was terminated on allegations that the prospective buyer failed to fulfill his side of the contract. The advance amount paid to the petitioner was also refunded, the Court was told. However, the buyer later filed an FIR against the petitioners, alleging cheating and criminal conspiracy on their part. A trial court also took cognizance of the case, prompting the senior petitioners to move the High Court for relief. .The High Court found that no prima facie criminal case had been made out against the petitioners, particularly since the petitioners had refunded the advance payments made earlier by the buyer/ complainant. .The Judge went on to emphasise that these kinds of cases should be resolved at the earliest instead of burdening the courts and also the public. The role of the police/investigating agency is to assist the petitioners, particularly since a refund was made and the matter was being settled, the Court added. Instead, the Court took critical note that, the police had filed a supplementary charge sheet against the senior citizens. Opining that it would be an abuse of the process of law to allow such criminal proceedings to continue, Justice Dutt proceeded to quash the case against the petitioners..Advocates Rajdeep Majumder, Moyukh Mukherjee and Abhijit Singh appeared for the petitioners. Advocates Binoy Panda and Puspita Saha represented the State. .[Read Judgment]