New Delhi [India], February 27 : The Supreme Court on Thursday issued notice to the Centre, all State governments and the National Human Rights Commission (NHRC) seeking a response on a public interest litigation (PIL) plea filed by BJP leader and Advocate Ashwini Upadhyay.
The PIL plea sought directions to the Centre and State authorities to display information at all police stations and other public institutions about the legal provisions and punishments for filing false complaints, charges, statements, information and evidence, to protect the rights and dignity of innocent citizens.
A bench led by the Chief Justice of India (CJI) Surya Kant passed the order and sought a response from the said authorities in four weeks.
Upadhyay also sought directions to ensure that complainants are informed of such legal consequences before their complaints are accepted and that they submit an undertaking or affidavit affirming the truthfulness of their allegations to curb false and frivolous cases.
"Empirical data compiled from NCRB reports demonstrates a stark disparity between cases registered and convictions under several special criminal laws, with acquittals running into disproportionately high numbers. This statistical pattern reveals a structural problem of false complaints, false charges and fabricated evidence clogging the criminal justice system", the plea states.
During the hearing, Chief Justice of India Surya Kant said there was a need to create a more informed and sensitised society where citizens are aware not only of their own fundamental rights but also of those of others. The CJI remarked that the Court may be accused of gagging but asked why it should fear such criticism.
Upadhyay argued that courts are burdened not by genuine cases but by false ones. He contended that in many instances, local land disputes are converted into cases under stringent criminal provisions, creating fear among honest citizens and disturbing the social fabric of rural India, with civil disputes often taking a criminal colour.
Allowing the plea, the Court agreed to hear the case and issued notices to the respondent authorities.
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