Don’t bring civil disputes in the guise of criminal cases, HC tells petitioners
Times of India | 27 November 2024
Kolkata: Filing criminal cases and counter-cases in land dispute matters has left the Calcutta High Court frustrated, with three judges frowning on this trend on three separate occasions, including one on Tuesday.
On Tuesday, Justice Tirthankar Ghosh imposed a Rs 50,000 fine on a petitioner after his lawyer disclosed that a contempt matter regarding the case was pending before another high court bench. This case also comprised a series of cases and counter-cases between parties related to land dispute. During the proceedings, Justice Ghosh remarked that he would impose a personal bond of Rs 1 lakh on both the petitioner and the respondent, which they would have to pay as a fine if they were "unable to conduct themselves properly".
"I find there are cases and counter-cases squabbling over each other. Criminal cases on civil matters are being dragged to the writ court," Justice Ghosh observed.
The police report suggested that the petitioner was summoned to get the medical report as well as CCTV footage on Sept 14 but never appeared. Moments before the judge was going to pass an order, the petitioner's lawyer informed the court of a contempt matter. Angered by not being informed prior of the contempt case, the cost was imposed on the petitioner.
"You have wasted 20 minutes of the court. Court's time is not a charity. I have got to complete matters in the scheduled time. Many lawyers are waiting over here. At this age, are you fooling the court? At the end of the matter, when you feel that the order is not to your convenience, you take this out. Is this advocacy?" Justice Ghosh said.
Senior Advocate Jayanta Narayan Chatterjee said they were seeing a lot of cases that are civil in nature but to give "extra pressure", litigants bring criminal allegations. "This is a trend these days. These cases can include marital disputes, disputes between neighbours and Pocso cases," he said.
In another case, Justice Ajoy Kumar Mukherjee on Nov 12 quashed criminal proceedings against an elderly couple who own a plot in New Town. He held: "The idea was to convert a civil dispute into a criminal proceeding to put pressure on the petitioners for the return of the amount allegedly paid. It is settled law that the criminal courts are not meant to be used for settling scores or settling civil disputes."
In another case, criminal proceedings against six people were quashed by Justice Shampa Dutt (Paul) on Nov 12. The court noted that a title suit was pending between the parties regarding their family property dispute. A criminal case was filed by a woman alleging that during the pendency of the case, the accused entered the premises, forcing them to vacate the premises. When the complainant and her family refused, she alleged that the accused people assaulted her husband and son as well as molested her and threatened to rape.
However, it was submitted that none of the documents requested by the police, like the medical injury certificate or CCTV footage, were produced to support the case.