New Delhi: The Supreme Court on Thursday (November 28) came down heavily on the UP police for routinely harassing people involved in civil disputes by converting them into criminal cases.
The court warned the police that if the practice did not stop, it would pass orders that the UP Director General of Police (DGP) would remember for the rest of his life.
A bench of Justices Surya Kant and Ujjal Bhuyan were hearing an anticipatory bail plea by a person against whom a dozen cases related to various land disputes had been filed by the police.
Appearing for the UP government, senior advocate Rana Mukherjee argued that the accused had not joined the investigations and was instead seeking protection from arrest.
The court remarked that the accused was probably afraid that the police would slap another case against him if he appeared.
“He must not be appearing because he knows that you will register another false case and arrest him there. You can convey your DGP the moment he (Dubey) is touched, we will pass such a drastic order he will remember his whole life. Every time you come with a new FIR against him! How many cases can prosecution uphold? It’s very easy to allege land-grabbing. Someone who purchased by a registered sale deed, you say land grabber! Is it a civil dispute or criminal dispute?” the court said.
“UP Police are entering into a dangerous area. You register criminal cases in purely civil disputes. Tell your DGP that if this practice does not stop immediately, we will pass such drastic orders, he will remember for his whole life,” the bench added.
When Mukherjee said that if the police did not abide by the court’s instructions, he would return the case to the government, the court said that the bench’s remarks were aimed at the police’s conduct and told Mukherjee that he should use his office to drive home the court’s message.
“Let him join the investigation but don’t arrest him. And if you bonafide think that in a particular case, arrest is required, then come and tell us that these are the reasons. But if the police officers are doing, you take it from us, we will not only suspend them, they will lose something more, the court said.
The police was also instructed to send summons to the accused on his mobile phone, specifying the date, time and place where he should appear before the investigating officer.
