HC warns against ‘rubber stamp' FIRs, tells courts to flag over Rs 2L transactions to IT dept
Jaipur: In a landmark judgment, the
Rajasthan High Court
has issued strict directives to prevent the misuse of criminal law in civil matters, while also implementing measures to combat tax evasion and black money.
The ruling, uploaded on Monday, comes as a step towards maintaining the integrity of the judicial process.
Justice Sameer Jain, hearing a batch of civil writ petitions, expressed concern over police officers exceeding their jurisdiction by treating civil disputes as criminal matters, despite previous Supreme Court guidelines. The court has explicitly directed subordinate judicial officers across Rajasthan to exercise independent judgment rather than acting as "rubber stamps" while ordering FIRs under the new Bharatiya Nagarik Suraksha Sanhita (BNSS).
In a move to curb financial crimes, the court has mandated that subordinate courts must report all cash transactions exceeding Rs 2 lakh to the Income Tax department. This directive particularly focuses on property dealings, with strict disciplinary action prescribed for non-compliance. The judgment addresses multiple issues, including the concerning practice of mechanical orders in private complaints without proper inquiry.
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During the hearing, amicus curiae senior advocate VR Bajwa informed the court of a standard operating procedure (SOP) issued by the director general of police on Oct 29, 2024. He said the SOP outlines protocols for police officers handling disputes that fall into a grey area between civil and criminal jurisdictions. It mandates that such cases be supervised by an officer not below the rank of superintendent of police.
The court highlighted concerns regarding fiscal regulation enforcement, particularly in property transfers and stamp duty evasion. These practices, according to the bench, result in substantial revenue losses for the state and contribute to financial crimes.
The registrar (Judicial) has been instructed to circulate these directives to all district judges in Rajasthan, who must ensure compliance among judicial officers under their jurisdiction. The officers have been instructed to follow the outlined legal principles and judicial precedents while passing future orders.
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