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 afalse 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.
Haresh Raichura
18/2/2012
(You can also Read March 2012 Post: India what you can do if a flase FIR or a False Case is Filed Against You)
Haresh A. Raichura 
Sir,The issue raised cannot be ignored by legal fraternities.lay person is greatly inconvinienced by the act.BCI acting as a watch dog should take cognisance of matter.Thanks for highlighting rather than pushing under the carpet.Thanks
Sir,The issue raised cannot be ignored by legal fraternities.lay person is greatly inconvinienced by the act.BCI acting as a watch dog should take cognisance of matter.Thanks for highlighting rather than pushing under the carpet.Thanks
Reading your excellent posts, one realises how the media has colluded in keeping the judiciary shrouded and in the shadows. Thank you 🙂
Oh, while discharging my duties as civil servant, I faced one such false case; and the ingredients of motives in this post were visible in that case too. I like the depth of the article!
What is happening is simply shocking. However, if this is happening only in India and if other countries have been able to curb such criminal practices, India need to study and strengthen the legal loopholes that permit it. Though not advisable but, if concrete material is available, the sufferer may use the same method. File case against the one who had been wrongly harassing and compelling him to withdraw the case.
very thought provoking article on judiciary radical reforms needed leveraging technology will help
Hi sir I am sunder sharma.I want to discuss samthing related with false case.I am a student of llb ist year and someone has put me in false case.please give me your time.indiasrt.biz@hmail.com
My id indiaart.biz@gmail.com
This is British imposed judicial system which was specifically made to "deny justice" to any Indian so that they can never raise their voice against the Britishers. We need a completely new Indian law system based on Indian culture and ethics. Thats the solution to all the problems you listed above and also to the massive corruption in judiciary esp lower judiciary. Change the system completely, no patch-up work anymore, rewrite all judicial system afresh starting from scratch. Watch videos of Shri Rajiv Dixit and you will know the answer. Jai Hind !
This is British imposed judicial system which was specifically made to "deny justice" to any Indian so that they can never raise their voice against the Britishers. We need a completely new Indian law system based on Indian culture and ethics. Thats the solution to all the problems you listed above and also to the massive corruption in judiciary esp lower judiciary. Change the system completely, no patch-up work anymore, rewrite all judicial system afresh starting from scratch. Watch videos of Shri Rajiv Dixit and you will know the answer. Jai Hind !
This is British imposed judicial system which was specifically made to "deny justice" to any Indian so that they can never raise their voice against the Britishers. We need a completely new Indian law system based on Indian culture and ethics. Thats the solution to all the problems you listed above and also to the massive corruption in judiciary esp lower judiciary. Change the system completely, no patch-up work anymore, rewrite all judicial system afresh starting from scratch. Watch videos of Shri Rajiv Dixit and you will know the answer. Jai Hind !
This is British imposed judicial system which was specifically made to "deny justice" to any Indian so that they can never raise their voice against the Britishers. We need a completely new Indian law system based on Indian culture and ethics. Thats the solution to all the problems you listed above and also to the massive corruption in judiciary esp lower judiciary. Change the system completely, no patch-up work anymore, rewrite all judicial system afresh starting from scratch. Watch videos of Shri Rajiv Dixit and you will know the answer. Jai Hind !
This is British imposed judicial system which was specifically made to "deny justice" to any Indian so that they can never raise their voice against the Britishers. We need a completely new Indian law system based on Indian culture and ethics. Thats the solution to all the problems you listed above and also to the massive corruption in judiciary esp lower judiciary. Change the system completely, no patch-up work anymore, rewrite all judicial system afresh starting from scratch. Watch videos of Shri Rajiv Dixit and you will know the answer. Jai Hind !
This is British imposed judicial system which was specifically made to "deny justice" to any Indian so that they can never raise their voice against the Britishers. We need a completely new Indian law system based on Indian culture and ethics. Thats the solution to all the problems you listed above and also to the massive corruption in judiciary esp lower judiciary. Change the system completely, no patch-up work anymore, rewrite all judicial system afresh starting from scratch. Watch videos of Shri Rajiv Dixit and you will know the answer. Jai Hind !
I came to know about a lawyer who provokes parents of girl to file harassments case against her husband and in-laws by promising a share of booty.every one seems to know it.but nobody can do anything.
may be we start a system of recording 'litigation history' of litagants and (false)witnesses and consider this before admitting next litigation. like on lines of credit history.:)
And you have not even spoken about the elephant in the room…the draconian 498A dowry harrasment law. This law provides lawyers, cops, corrupt judges, and unscruplous women to “get back” to their in-laws.The milking eco-system is fine tuned to such perfection, that any attempt to break it is opposed by those being profited. To see for yourself, click on the tabs at http://data.498a.org/Ponder over the data in the RTI tab ..on average 140,000 people arrested EVERY YEAR! ..with only a 2% conviction rate. 98 percent of the cases are FALSE!…even Supreme Court called it “Legal Terrorism” . But the nice thing about such laws( primarily used as a instrument of destabilizing the Family system of India in the guise of Womens Rights. Ever noticed why Womens Rights in a Family are only for the daughter-in-law? There is no law protecting the mother-in-law, or the sister-in-law or that wretched class of animals called Men ) is that it comes to bite the son of the unscrupulous woman who misused it..or a son of a politician or judge. But usually people in power and influence get away. The interesting thing to notice about the eco-system of such false cases is that once the deadlock of mutual profiteering develops in the eco-system, its almost impossible to break it. In the case of 498A, to give credit to where its due- even Supreme Court, and some real,nationalistic womens (when I say real -they consider the rights of ALL women, and by nationalistic I mean the ones which dont get funding from western governments and communist China to destabilize Indian Family system) organizations like Manushi(Madhu Kishwar) have come out in the open that the laws are being misused. Do you know who is preventing the draconian law from being misused and to be made bailable and non-cognisable- you guessed it THE LAWYERS. Look at the shameful opposition to the CrPC amendments by Bar council as it will lead to a drastic drop in revenue in the business of bails, especially those related to 498A bails : http://ipc498a.wordpress.com/2009/03/21/the-delhi-bar-association-issues-a-fatwa-opposes-crpc-amendments/
I am working on enacting following laws as solution to the mess1. Right to Recall Supreme Court judges2. Right to Recall High Court judges3. Jury SystemThe details are in chap-21 of http://rahulmehta.com/301.htm.
SirWith due respect, You have raised / shown only genuine issues / problems but failed to show the way to Prevent Business of Filing False Civil and Criminal Cases against innocent citizens. An Anonymous comment correctly said "This is British imposed judicial system which was specifically made to "deny justice" to any Indian so that they can never raise their voice against the Britishers (now against ruler). We need a completely new Indian law system based on Indian culture and ethics."Hence I request you to kindly serve this noble legal profession by showing the way as ANNA has done with corruption. This is the need of the hour.Mintu Kumar
A very good idea.
Reply.There are problems. If we go to court with this article, they will say 'we do not deal with imaginary cases'if we go with real cases, they say, go to trial court. And prove that this is a false case.If we go to Law Commission, they say we are not authorized to listen you. We act only on Govt. referred issues.If we go to Law minister, they will say come through your MP.If you write letters to 500 MPs, none will reply.Now you suggest me what should we do.
My email is haresh.raichura@gmail.com It will be difficult to advice on individual case. A trial Court Advocate is best to advice you. Appellate Court and Trial Court work are different things.
Please also Read March 2012 post on this blog on "How to fight if a False FIR or False Complaint is filed against you".
u bustard indian. dont post the same tning again and again.
The social and legal changes need involement of a resourceful organisation. An individual cannot change the direction of a river of 498a
The method is to arrange a workshop and invite a law minister for opening it. Collect ideas of all who came in workshop and send it to all who can influnce law making.
Dear Haresh, I do feel very frustrated at this point of time as my soon to be ex wife recently went to India and filed a false 498a case of dowry against me n my whole family. I have all the evidence to prove my innocence but that means i have to spent years in Indian court to prove something which never happened.For reasons like this, I hate to say but i wish i was not born in India.. 😦 I have been living in UK for last 10 yrs)