The Supreme Court on Thursday issued notice on a Public Interest Litigation filed by Ashwini Upadhyay seeking directions to curb the filing of fake criminal cases based on false information and fabricated complaints. The Bench directed that the matter be listed after four weeks.

Hearing the matter, Chief Justice of India Surya Kant made strong observations on the growing misuse of the criminal justice system and the societal consequences of false prosecutions. The Chief Justice remarked that courts are often criticised for “gagging”, but questioned why such criticism should deter judicial intervention when people “abuse the system and then disappear”. Emphasising the constitutional value of fraternity, the Bench observed that there is a need to build a more informed and sensitised society where individuals are also aware of the fundamental rights of others, including their neighbours.

Advocate Ashwini Upadhyay submitted that the judiciary, including trial courts, is burdened not by genuine cases but by false and motivated prosecutions. He argued that routine civil disputes, particularly land-related conflicts, are increasingly being converted into criminal cases under stringent statutes, causing fear among honest citizens and disturbing the social fabric of rural India.

Taking note of the issues raised, the Supreme Court issued notice to the respondents, returnable in four weeks, to examine the larger question of safeguards against misuse of criminal law through false and fabricated complaints.