© The Indian Express Pvt Ltd
Journalism of Courage
Supreme Court seeks Centre, states’ response on PIL seeking intervention to curb fake cases
“People use abusive language, they try to defame people, and then they disappear from the scene because they know nothing can be done. Some checks and balances are required the way it is being abused,” said the CJI.
The Collegium also recommended the appointment of Kerala High Court judge Justice S A Dharmadhikari as the Chief Justice of the Madras High Court, consequent upon the current Chief Justice’s retirement on March 5. (File Photo)
THE SUPREME Court on Thursday sought the response of the Centre and states on a PIL seeking its intervention to prevent lodging of false cases and malicious prosecution.
Deciding to examine the issue raised in a plea by Advocate Ashwini Upadhyay, Chief Justice of India Surya Kant said: “People will accuse us of gagging… But why should one be afraid of gagging if you are a responsible citizen? (Because) then with all the responsibility you will say that what I am saying is correct.”
“People use abusive language, they try to defame people, and then they disappear from the scene because they know nothing can be done. Some checks and balances are required the way it is being abused,” said the CJI.
One of the prayers in the petition is for a direction to the Centre and states to install boards at police stations, court premises, panchayat offices, municipal offices and educational institutions informing the public about provisions and punishments relating to false complaints and false evidence under the Bharatiya Nyaya Sanhita, 2023.
The CJI said, “This much can be done, like notice boards in police stations, railway stations etc.”
Citing the recent controversy over UGC guidelines, he submitted before the bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, that it would help if notice boards are placed in the admin block of colleges as it will help control lodging of fake cases.
Upadhyay said the courts, especially district courts, are overburdened not due to real cases but due to fake cases.
Story continues below this ad
Citing examples, he said the fight may be over land, but case is registered under SC/ST Act, husband and wife fight but all relatives are booked, fight over something and case of rape is lodged.
Referring to the over a decade-long fight by scientist Nambi Narayanan to clear his name, he said honest people are living in fear because it takes several years to come out of false cases.
“We need to create a very informed society… A person is thinking of his fundamental rights, but he needs to learn about the neighbourhood’s fundamental rights also…,” the CJI said.
“The problem is… when these false complaints are lodged, the de facto complainant does not even know that he or she has lodged a complaint. It is someone else who gets the thumb impression, blank signature…the poor fellow does not even know that I am being exploited by another affluent person,” the CJI said.
Story continues below this ad
He mentioned a case where a wife moved the court saying that “so and so political leader is not involved in the murder of my husband”, and asked, “Where is the necessity for her to make a statement before us? Unless she is at gunpoint or power point or power plus point”.
Advertisement
Loading Recommendations...
- 01
- 02
- 03
- 04
- 05
Live Blog