The Supreme Court today issued a notice to the Union Government, States and Union Territories, and the National Human Rights Commission (NHRC) seeking response on a public interest litigation (PIL) plea which sought directions to curb false complaints, fabricated evidence, and malicious prosecution.
A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pacholi was hearing the petition filed by BJP leader and Advocate Ashwini Upadhyay.
‘Display legal consequences of false complaints at police stations’: PIL
Filed under Article 32, the PIL urges the Court to display information at all police stations and other public institutions regarding the legal provisions and punishments for filing false complaints, charges, statements, information, and evidence.
According to the petitioner, such awareness measures would help safeguard the rights and dignity of innocent citizens.
The plea also seeks the introduction of administrative safeguards to prevent the misuse of criminal law and protect the fundamental right to life, liberty and dignity.
It also seeks directions that complainants be informed about the penal consequences of filing false complaints before an FIR is registered.
Key observations by SC
During the hearing, the Chief Justice observed that addressing the issue of false complaints required greater societal awareness about rights and responsibilities.
“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 know the fundamental rights of their neighbourhood. Principle of fraternity needs to be cultivated,” the CJI observed.
The Court also noted that false complaints were sometimes filed without the knowledge of the complainant. “The problem is when false complaints are lodged… the de facto complainant does not even know that it is filed. It is done by fake signs, etc., and the poor fellow does not even know that he is being exploited by the rich and well off,” the CJI said.