The “Business” of False Civil & Criminal Cases: Guest Post by Haresh

Dear All: Here’s something to spoil your Sunday evening reverie…a disturbing and thought-provoking guest post by Sh Haresh Raichura – an advocate at Supreme Court. The post first appeared on his blog here. Please read and share widely…We need to create more awareness around this and the need for fundamental reforms in the legal system. Please note emphasis has been added.

*** The Business of Filing False Civil and Criminal Cases in India by Haresh Raichura ***

The tile of this blog is somewhat unbelievable. Do I mean to say that some people in India are actually earning their income by filing false civil and criminal cases on innocent people ? My is answer is Yes.

The next question will come to your mind, If some one files a false civil or criminal case, can you not go to Higher Courts and Supreme Court to set aside such false case? My answer is “It will not help”.

Then, can you not go to Government authorities and ask them take action against person who has filed false cases against you? The answer is again No. They cannot interfere with a sub-judice matter.

Then what are your options? As I see it, the only option you have is to go to a nearby friendly lawyer and engage him, and contest the suit or complaint on merit. And it will take many many year. You are stuck up in a system even if you may have done nothing wrong.

Unbelievable, isn’t it?

But at the end of this article, if you agree with me, I think is your duty also to see if there is anything which you can do to  improve this system.

Four Incidents which indicate that something is wrong

One.
In 1982, when I had just joined District Court Bar at Junagadh, in Gujarat, I saw a litigant who was daily coming to court. We met. Over a cup of tea, I asked him what he was doing for his living?
He said, every year he files one or two false cases on someone’s property and he will obtain stay preventing him to do construction.
He said,  “I will file some false deeds to claim my ownership. Other side will file appeal to higher courts. Higher Courts will dismiss his appeal on two grounds. First, Higher Courts normally cannot interfere in interim orders. Second, whether documents produced by me are false or not can only be seen after evidence and trial has gone. It will take years.”
One day, the innocent person will offer him money for withdrawing case.He will take money, will withdraw case and the stay will be vacated and the innocent man will become free.
This is how he used to earn his living.
Two.
In 1989, when I have just shifted to Supreme Court, some one called me from Gujarat.
He said that he has heard that a False Rape cases can be filed in Delhi and Jammu against any person living anywhere in India. He said that he has heard that “Hired Complainant” and “Hired Witnesses” are also available at these places.
He said that he wanted to file a Rape Case against a person in Gujarat who is not paying him his due money. He said that he also wanted a non-bailable warrant against this person in Gujarat.
I replied that I do not do this type of cases and disconnected his phone. Thereafter he never called.
Three.
Two persons were living in Canada. They had some money dispute. Though they both lived in Canada,a criminal case was filed in Delhi Court purported to have been signed by one of them and summonses were served to other person in Canada.
The other person who was innocent, contacted me and engaged me.
I said this is a serious matter. Even if the complaint is false, we may not get much relief from court at this stage. I asked him to write 700 letters to all members of Parliament of India and Prime Minister and Law Minister about how false cases in India are filed against Indian living aboard.
He followed my advice and posted all the letters by Registered Post from Canada. Consider the postal expanses he may have incurred. No one replied. After some time a letter came from Law Ministry which was nothing more than a mere acknowledgement of his letter. It was understandable. Our Judiciary is independent. Neither Prime Minister, Nor Law Minister, Nor any Member of Parliament can interfere in a pending case, even if it may be pending in the Magistrate Court.
Then I moved High Court and Supreme Court to quash the complaint and to stay the trial. I failed at both places.
Because present law says that, “A criminal complaint containing serious allegation cannot be quashed at threshold without trial. The remedy for accused (Even if he may be innocent) is to first appear before Trial Court Judge, furnish bail bonds, and then move any application for dismissal of case. Then if there is no material  allegation, innocent accused may be freed, but if allegations are such that trial must proceed, then trial will go on.
My Client in Canada felt that the laws in India are horrible and Government offices are deaf. He did not want to come even once to India to appear before Magistrate and to obtain bail and to face trial.
We were at dead end. If he doesn’t appear, Non-bailable warrant, Declaration of Absconder and Attachment of his property in India were bound to happen.
And just then, there was an happy end.
My client parted with some ransom- money, and other side advocate withdrew case.The innocent man was freed from a false criminal case.
As an advocate, I failed in this case, but my client said that I have done my best. Even today he calls me every New Year Day
Four
This is final point. This must convince you without any doubt that something is wrong with the our Laws.Some years ago, two journalists in Dahod, Gujarat, decided to draw attention of Country towards false criminal cases being filed in criminal courts.
To prove their ponit, they filed a false Criminal Case in Dahod Court.
Soon, Non Bailable Warrants were issued against the Then Chief Justice of India, One other Sitting Judge of Supreme Court, and against one Sitting Judge of Bombay High Court.
As the news of warrants against judges poured in  TV and Print Media, the Supreme Court swung into action. The warrants were stayed, Trial Court Judge suspended, inquiry ordered against Journalists who filed false complaint, the complaint was quashed, some guidelines were issued for identification of complainant,and then everything was forgotten.
The system goes on as usual. The night moves on.
Now, here comes the End of this Article.
I do not claim to be a well informed lawyer or a jurist. But as per my little knowledge, neither the Government nor Higher Judiciary have specifically addressed the issue of “How to Prevent Business of Filing False Civil and Criminal Cases against innocent citizens”. I also don’t know how can they address this issue. I accept the life as it is.

I dedicate this article to two unknown Journalists of Dohod Village, who first made this point clear by obtaining Non-Bailable Warrants against the then Chief Justice of India. Their method was unacceptable, but they did make a point.

*** End ***

Shocked, aren’t you? I was too…Once again, please spread the word about this extraordinary distortion in our justice system. While on this, you may also want to read: Forget Right to Justice; Just Do What is Right and 466 years of backlog, junk food and over reach..