'Breakdown of rule of law': SC slams UP for converting civil cases into criminal ones
Chief Justice of India Sanjiv Khanna cautioned that the court would impose costs on the police if similar petitions are filed in the future
The Supreme Court on Monday (April 7) pulled up Uttar Pradesh police over frequent petitions to convert civil cases into criminal ones and said that the pleas are wrong and depict a “complete breakdown of rule of law”.
Also read: Ram Navami: 'Surya Tilak' ceremony of Lord Ram takes place at Ayodhya temple
The case in question pertains to a cheque bounce incident. The police had filed a chargesheet, asking for the civil case to be converted to a criminal one. The petitioner moved the court against this and alleged that the police took bribes to turn the civil case into a criminal case.
UP police under fire
Chief Justice of India Sanjiv Khanna cautioned that the court would impose costs on the police if similar petitions are filed in the future. The apex court paused criminal prosecution in the case and asked Uttar Pradesh DGP Prashant Kumar and the investigating officer to file a response within two weeks.
“This is wrong what is happening in UP. Every day civil suits are being converted to criminal cases. It’s absurd, merely not giving money cannot be turned into an offence. I will ask the IO to come to the witness box. Let the IO stand in the witness box and make out the case of crime. We direct it, let him learn his lesson, this is not the way you file chargesheets. It’s strange that it’s happening day in and day out in UP, lawyers have forgotten there is civil jurisdiction also,” the CJI remarked, as per LiveLaw.
Concern over growing trend
“We are passing it over, but now any case that comes up now (in UP) we will impose costs on the police. Let them (UP police DGP and IO) file the affidavit. This is a complete breakdown of the rule of law,” the court added.
Also read: UP: Eight cops injured in violent clash after Ambedkar, Buddha statues removed
This is not the first time the Chief Justice has flagged the growing trend of conversion of civil cases into criminal cases. In December last year, he had noted that this practice was “rampant” in some states. He had said that frequently converting civil cases into criminal cases burdened the judiciary with matters that could be dealt with by civil jurisdiction.