SC for shield against ‘mischievous’ complaints, says documents, affidavit must

NEW DELHI: Expressing deep concern over judicial bodies being misused for settling scores against opponents by filing frivolous complaints, the Supreme Court has ruled that any allegations should not be entertained until it is supported by documents and affidavit.
It said the courts should not casually pass order for registration of FIR on a complaint.The apex court said that a person must be prosecuted for making baseless allegation just to harass others.
“In our considered opinion, a stage has come in this country where Section 156(3) CrPC (for registration of FIR) applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the magistrate. That apart, in an appropriate case, the magistrate would be well advised to verify the truth and also can verify the veracity of the allegations,” a bench of Justices Dipak Misra and Prafulla C Pant said.
“We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons,” it said.
The bench said the affidavit could make the applicant more responsible as the person could be prosecuted for making false allegations on oath.
“The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the magistrate under Section 156(3),” it said.
The court said a copy of the order be sent to the chief justices of all the high courts so that it could be circulated among the magistrates.
“A principled and really grieved citizen with clean hands must have free access to invoke the said power. It protects the citizens but when pervert litigations takes this route to harass their fellows citizens, efforts are to be made to scuttle and curb the same,” the bench said.