The Supreme Court warns against turning civil disputes into criminal cases, emphasizing that courts are not recovery agents and that misuse of the judicial system cannot be allowed in India.
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NEW DELHI: The Supreme Court of India has recently taken a strong stance against the rising trend of turning civil disputes into criminal cases. Highlighting the misuse of criminal law for money recovery, the apex court emphasized that courts cannot act as recovery agents.
A bench comprising Justices Surya Kant and N Kotiswar Singh addressed a criminal case in Uttar Pradesh where kidnapping charges were allegedly filed over a dispute concerning the recovery of money. The bench observed that such cases represent a worrying trend where parties leverage the threat of arrest to secure outstanding amounts, effectively misusing the criminal justice system.
Additional Solicitor General KM Nataraj, representing the Uttar Pradesh government, highlighted the difficulties faced by police in such matters. He noted that if the police do not register complaints alleging cognizable offenses, courts criticize them for not following the 2013 Lalita Kumari judgment. Conversely, if they do register these cases, allegations of bias or procedural lapses are often raised.
Supreme Court’s Observations
Justice Surya Kant warned,
“Courts are not recovery agents for the parties to recover outstanding amounts. This misuse of the judicial system cannot be allowed.”
The bench urged police to carefully differentiate between civil and criminal cases before making arrests. Misuse of the criminal law, the court noted, poses a serious threat to the justice delivery system and must be curbed.
The Supreme Court suggested that state governments could appoint a nodal officer, preferably a retired district judge, for each district. Police could consult this officer to determine whether a dispute is civil or criminal in nature and proceed accordingly. The bench requested that the Uttar Pradesh government provide instructions on this within two weeks.
