New Delhi: In a scathing observation, the Supreme Court on Monday blasted Uttar Pradesh Police for routinely converting civil disputes into criminal cases.
Calling it “absurd” and a “complete breakdown” of the rule of law, a bench of Chief Justice of India (CJI) Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan said a case of not returning money doesn’t constitute a criminal offence.
The top court was hearing a petition to quash an FIR registered against the petitioner who has been accused of criminal breach of trust, criminal intimidation and criminal conspiracy for various land disputes.
“This is wrong! What is happening in UP? Everyday civil suits are being converted to criminal cases. That’s not correct! That’s breakdown of rule of law completely!” the CJI said, reported LiveLaw.in.
“It’s strange that it’s happening day in and day out in UP… Lawyers have forgotten there is some civil jurisdiction also,” CJI Khanna remarked.
The top court rebuked the investigating officer (IO) in the case and warned of proceedings.
“This is absurdity… I will ask the investigating officer to stand in the witness box and record his pre-summoning evidence. I will haul up and begin proceedings against the IO,” the bench headed by CJI said while staying trial court proceedings in the case.
This is not the first time that the apex court has pulled up the worrying tendency of police converting civil disputes into criminal cases in Uttar Pradesh.
Last December, the Supreme Court directed the UP Police chief to curb routine conversion of civil disputes into criminal cases and stop the harassment of civilians. The court even warned that if the practice did not cease, it would pass orders that the top cop would “remember his whole life”.
A civil case is meant to deal with disputes between individuals or organisations and involves seeking compensation or remedy, whereas a criminal case is filed for violating the law and involves varying degrees of punishment.
