Article by: S .H. MITTALKOD, Dist judge RTD, Dharwad.
The latest judgement of Apex court, that the law should not be used to harass the accused, should stir a serious debate today.
The purpose of law is to have a disciplined and safe society,by protecting the peace loving people and punishing those who disturb the peace in society.
We have seen umpteen dictums of Apex court of this nature, in the past.But the instances of misuse of law for harassing the innocents are increasing in alarming proportions.Then what is the effect of Apex court judgement, which is a law binding on all in India.
When I was visiting villages as part of legal literacy programs, I was repeatedly telling the people that, the law should be used as shield not as sword.In other words it should be used for vindication not for vindictiveness.
Many laws are misused by people, for harassing the opponents by colluding with various enforcing agencies.It is needless to say that criminal laws are misused by colluding with police. Noticing the misuse of power of arrest by police, the guidelines were issued in DK Basu case
Section 498A was introduced in IPC in 1983. How this section was misused needs no explanation. Hon’ble Apex court in Preeti Gupta case had passed serious structures against reckless arrests made, in cases filed under Sec 498A IPC. Ultimately in Arnesh Kumar case series of guidelines were issued regarding arrest by police.
From DK Basu case to latest Hasmukh lal vohra vs State of TN.the misuse of criminal law is condemned by Apex court.But the misuse continued unabated. So there’s a serious need, to evolve a law to check the misuse of criminal law ,to harass the accused.
Using law for protection is shield and using the same for persecution is sword.
To check the misuse, of criminal law incorporating a provision in I P C, making it mandatory to register a case against all responsible for foisting the false case by the court which acquit the accused, holding that the case was false.This would certainly make a deterrent effect on filing of false criminal cases.
The absence of effective law, to check the misuse of criminal law is emboldening such persons, to think that even if the false case is filed nothing happens.
In the light of latest judgment of Apex court in Hasmukh lal case this subject needs a serious debate, to check the innocents becoming victims of false prosecution.