Supreme Court of India building, New Delhi
NEW DELHI, Sept 23: The Supreme Court has observed that courts cannot act as recovery agents and deplored the growing tendency of converting civil disputes over money into criminal cases, which misuses the criminal justice system.
A bench of Justices Surya Kant and N Kotiswar Singh made the observations on Monday while hearing a criminal matter from Uttar Pradesh, where kidnapping charges were alleged in what appeared to be a money-recovery dispute. The bench emphasised that the threat of arrest cannot be leveraged to recover outstanding amounts.
Additional Solicitor General KM Nataraj, appearing for the Uttar Pradesh government, told the court there has been a rise in such complaints. He explained the police are caught between a rock and a hard place: if they do not register an FIR where a cognisable offence is alleged, courts fault them for not acting; if they register, they are accused of bias and not following due process.
The bench noted the difficulty and urged police to apply their minds before effecting arrests, examining whether the dispute is essentially civil in nature or a genuine criminal offence. It warned that misuse of criminal law in civil disputes poses a serious threat to the justice delivery system.
Justice Kant suggested that states may appoint a nodal officer for each district — preferably a retired district judge — whom the police can consult to determine whether a matter is civil or criminal before proceeding. The bench asked AG Nataraj to obtain instructions and update the court within two weeks.
The Supreme Court has repeatedly flagged the trend of parties lodging criminal complaints in civil disputes to secure faster remedies, stressing that courts must not be turned into recovery agencies for private claims.
📲 Follow our WhatsApp ChannelSource: Agencies
Labels: Judiciary, Supreme Court, Legal Affairs
Tags: #SupremeCourt #Judiciary #CivilVsCriminal #LegalReform #SuryaKant #KotiswarSingh #JammuNewsPortal
Disclaimer: Based on agency reports. Jammu News Portal strives for accurate and timely reporting; readers are advised to consult official court orders for complete details.
Post a Comment