Dont hold inquiry into civil disputes: Madras HC to cops

MADURAI: The Madurai Bench of the Madras High Court recently told the state police not to entertain or conduct inquiries in disputes, which are civil in nature such as those involving money, property or contracts. Justice B Pugalendhi gave the direction while hearing a batch of petitions filed by several persons seeking direction to the police not to harass them under the guise of inquiry in civil disputes between them and other private individuals. The judge noted that the court is repeatedly witnessing several such applications alleging harassment by the police in civil matters. It appears that the police have forgotten their responsibilities and duties and are indulging in this type of kattapanchayats. It is regrettable to note that these applications are being entertained and the police are working as asset recovery agents for collecting money, he criticised. The police cannot and should not intervene in purely civil disputes, unless the complaint contains prima facie allegations disclosing criminal elements such as cheating, criminal breach of trust, misappropriation, or criminal intimidation, backed by specific factual details, the judge said. Despite several judgments passed by the SC and high courts and also the circulars issued by the director general of police against such practices, the police continue to conduct such inquiries without any FIRs in the name of current paper inquiry, which refers to verifications on petitions received from public and forwarded to them by higher officials. Any action taken without generating a corresponding record, whether by way of a CSR number, petition register entry, or any other formally maintained docket, cannot be countenanced under law, the judge observed. Permitting such undocumented inquiries, particularly in cases that are later closed as civil in nature, opens the door to arbitrary conduct, including the possibility of coercion, inaction, or collusive compromise at the police station level, all without judicial or administrative scrutiny, he added. HC stays status quo order of single judge in MRC case Chennai: A division bench of Justices S M Subramaniam and Mohammed Shaffiq on Wednesday stayed an interim order of status quo passed by a single judge and all further proceedings regarding the Madras Race Club (MRC) land case. The division benchs order was passed on a petition filed by the TN revenue secretary seeking to stay the proceedings. Senior counsel P Wilson appeared for the revenue secretary. The single judge had ordered status quo on a petition filed by MRC which challenged the possession of the land taken by the revenue department.