The Supreme Court has expressed deep concern over the increasing trend of false complaints and fake criminal cases. While hearing a PIL, the court has issued notice to the central and state governments. The court has said that it is necessary to stop misuse of the criminal process. He will not worry that some people will criticize him for doing this.
The petition on which the court has taken this step has been filed by lawyer and BJP leader Ashwini Kumar Upadhyay. Upadhyay, who is defending his case himself, said that honest people are living in fear because of fake cases. Due to these cases, the burden on the courts is also increasing. Often criminal cases are registered in civil matters. If there is a land dispute in the village, it is converted into a serious criminal case like SC/ST Act or the women are taken forward and false cases of molestation or rape are registered.
Terming it necessary to hear the issue raised in the petition, a three-judge bench headed by Chief Justice Surya Kant said, ‘People misuse the system and then disappear. We need to create a conscious society, where people are sensitive towards the fundamental rights of their neighbours. It is important to develop the feeling of brotherhood.
After this the Chief Justice pointed towards another bitter truth. He said, ‘Many times the person who is shown as the complainant is not aware that a complaint has been filed in his name. Rich and influential people exploit the poor through fake signatures. We have to think about this also. He gave the example of a recent case in which a woman herself came forward and said that a political leader had nothing to do with her case. A fake complaint has been made against the leader in his name.
Suggestions given in the petition
The petitioner has sought directions to the Center and the states to implement safeguards against fake complaints. The main suggestions given by him are:-
- Information boards should be installed in police stations, courts and panchayats. In this, it should be told what punishment can be given as per law for false complaint.
- While filing the complaint, a mandatory affidavit confirming the veracity of the allegations should be taken.
- Laws dealing with perjury and fake evidence should be strictly enforced.
The Supreme Court has sought answers from the Central and State Governments on all these things. The next hearing of the case will be after four weeks.
