"Why Should We Be Afraid Of Gagging?" Top Court's Big Remark Over Fake Cases

The Supreme Court has issued a notice to the Centre on a petition seeking directions against false complaints, fabricated evidence, and malicious prosecution, with Chief Justice of India Surya Kant warning that the fear of "gagging" accusations cannot stop the court from addressing the abuse of criminal process.

A bench of the Chief Justice of India and Justices Joymalya Bagchi and Vipul Pancholi heard the petition filed by advocate Ashwini Kumar Upadhyay, which stated that false complaints, charges, and sharing fabricated evidence against innocent citizens are a serious threat to the Right to Life, Liberty, and Dignity, and Rule of Law.

The petitioner said that the court is not burdened because of genuine cases, but "fake ones".

"The trial courts, too. The fight is over a land, but the case is filed over the Scheduled Castes or the Scheduled Tribes. Honest people are living in fear. The fabric of rural India is disturbed. Civil cases are becoming criminal," the advocate told the court.

CJI Surya Kant observed that sensitising society about the rights of others was necessary to address the problem of false complaints. "We will be accused of gagging. But why should we be afraid of gagging? Because people abuse and then disappear. We need to create a very informed society by sensitising people, and they should also know the fundamental rights of their neighborhood. The principle of fraternity needs to be cultivated," he said.

The Chief Justice added that when false cases are registered, the complainant does not even know they are being exploited. "There are specific provisions to address these menaces. But Centre and States have not taken appropriate steps to implement them," the petition said.

The counsel Ashwin Kumar Upadhyay explained in court that it's important to make people aware of the consequences of filing false affidavits and complaints. "If someone is coming to the police station, someone should tell them the consequences of filing fake cases," he said.

The petitioner also sought directions to the Union and State governments to install display boards at police stations, court premises, panchayat offices, municipal offices, and educational institutions specifying the provisions and punishments relating to false complaints and false evidence under the Bharatiya Nyaya Sanhita, 2023.