The Supreme Court on Monday delivered a scathing rebuke to the Uttar Pradesh police, calling out the misuse of criminal law in civil disputes. A bench headed by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K V Viswanathan, expressed serious concern over FIRs being filed in what are fundamentally civil matters.
“There is a complete breakdown of rule of law in Uttar Pradesh. Converting a civil matter into a criminal case is not acceptable,” remarked the Chief Justice during the hearing.
The apex court was hearing a petition filed by Debu Singh and Deepak Singh, challenging an FIR lodged in Gautam Budh Nagar. Their plea, argued by advocate Chand Qureshi, was rejected earlier by the Allahabad High Court, prompting them to approach the Supreme Court.
What particularly irked the bench was a submission that civil disputes were often converted into criminal cases simply because civil litigation takes too long. “This is wrong, what is happening in UP. Every day civil suits are being converted to criminal cases. It is absurd. Merely not giving money cannot be turned into an offence,” the CJI noted sharply.
Taking strong exception to the police action, the court directed the investigating officer from Sector-39 police station in Noida to justify the FIR in court. “Let the IO stand in the witness box and make out a criminal case… this is not the way you file chargesheets,” the CJI said, adding, “Let the IO learn a lesson.”
The court further ordered the Director General of Police and the Station House Officer concerned to file affidavits explaining the rationale behind invoking criminal law in a civil dispute.
While the Supreme Court stayed the criminal proceedings pending before a Noida trial court, it allowed the cheque bounce case to continue.