New Delhi: In a blistering condemnation of the Uttar Pradesh police, the Supreme Court of India has lamented the recurrent conversion of civil suits into criminal prosecutions as a complete breakdown of the rule of law. Chief Justice Sanjiv Khanna made these remarks during the hearing of a case dealing with the conversion of a cheque bounce case into a criminal case by the Uttar Pradesh police.
The matter arose when the police had issued a charge sheet and summons after conversion of the civil suit into a criminal matter. The petitioner, who had approached the court against the conversion, alleged that police officers demanded bribes concerning this conversion. With a look of utter disgust, Chief Justice Khanna said, "This is wrong, what is happening in UP. Everyday civil suits are being converted to criminal cases. It’s absurd, merely not giving money cannot be turned into an offence." He also ordered that the Investigating Officer (IO) should be brought to the witness box to explain the case against the conversion.
This is not the first time that the Chief Judge has expressed anxiety over the alarming trend of converting civil disputes into criminal cases. He had termed the practice "rampant" in certain states, which he said was causing unnecessary burden on the courts, which could settle the matter through civil jurisdiction.
The court has now stayed the prosecution in the criminal case and directed that the Chief of Police of Uttar Pradesh Prashant Kumar and the investigating officer should respond in two weeks. The Supreme Court had also warned that it will grant damages in the instances of any similar case brought before it in the future. This ruling indicates that there is increasing concern regarding the misuse of criminal law for disputes that should be under the purview of civil law.
[Source Credit: NDTV]
