Undue Interest Of Police In Commercial Disputes Indicates Their Taking "Extraneous Consideration": Gujarat High Court

Observing that the Police's primary duty is to maintain law and order, the Gujarat High Court on October 15 (Tuesday) expressed its concern with the police authorities for taking "undue interest" in commercial disputes which apparently indicates taking of an "extraneous consideration".During the hearing, the State tendered a report prepared by the concerned Deputy Superintendent of Police (who was present in court) as per which all the complaints had been disposed of pursuant to the subject matter of the present petition. The petitioner, a partner in a firm trading in agricultural products, was summoned on January 13 by the concerned police station regarding a complaint made against him by an individual. The petitioner has claimed that the complainant lodged a false application for alleged non payment of bills, with the intention to extort money from the former. The plea seeks "appropriate action" against the police officials who "repeatedly called, mentally harassed" the petitioner regarding the application, despite him having replied to the same. A single judge bench of Justice Sandeep N Bhatt in its order thereafter said, "However, considering the seriousness of the allegations made in the petition and taking into account the fact that the primary duty of the Police Authorities is to maintain law and order and to discharge their responsibilities with the utmost sincerity and honesty, this Court is of the opinion that, prima facie, in the present case, the Police has shown undue interest in the dispute, which is regarding a commercial transaction."The high court thereafter said that it had come across many matters where the "Police has taken undue interest in disputes relating to commercial transactions or immovable property, which apparently indicates taking of some extraneous consideration for such interest".It observed that there are issues which require "utmost attention" of the police including– traffic management, "growing nuisance" of liquor and drug-related activities, public order issues and everyday incidents wherein groups are clashing with each other using "deadly weapons like sword, knife, and even firearms"It then emphasized, "Such issues need to be addressed with all seriousness and higher hand, but instead of that the Police rather is involved in the matters that primarily involve monetary transactions. This situation must be managed at the appropriate level to ensure that the citizens feel safe in the State of Gujarat, where law and order must visibly exist at a satisfactory level".The Court thereafter directed the concerned Deputy Superintendent of Police and the Officer in-charge of the concerned police station to file an affidavit addressing the allegations made in the present plea and to explain as to what promoted the concerned officer to issue notice on January 13. The Court further ordered “Let a copy of this order be sent to the Director General of Police (D.G.P.), Inspector General of Police (I.G.P.) of all ranges, and the Police Commissioner of all Commissionerates to look into this matter and take necessary actions to correct the system. Affidavit in the present matter to that effect shall be filed within a week from today. Re-list the matter on 25.10.2024 for further consideration, more particularly, about the concern shown by this Court on larger issues". Case Title: Nikunjbhai Jaysukhbhai Padariya v/s State of Gujarat & Ors.Click Here To Read/Download Order

Undue Interest Of Police In Commercial Disputes Indicates Their Taking "Extraneous Consideration": Gujarat High Court

Lovina B Thakkar

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