Expressing strong disapproval of the Uttar Pradesh Police, Justice Surya Kant of the Supreme Court remarked that the police in the state were “enjoying power” and “entering a dangerous area” in their handling of cases. Justice Kant, presiding over a bench with Justice Ujjal Bhuyan, stressed the need for the police to be “sensitized” and warned of strict action if the petitioner, Anurag Dubey, was subjected to harassment or arbitrary arrest. Justice Kant firmly stated,
“The moment he (Dubey) is touched, we will pass such a drastic order that it will be remembered for life.”
The petitioner, against whom multiple FIRs had been lodged, sought the Court’s protection, citing a fear that the police would file additional false cases if he appeared for investigation. The bench acknowledged this apprehension and directed that Dubey should not be arrested without the Court’s prior permission. Justice Kant sharply rebuked the police, stating, “Every time you come with a new FIR against him! It’s very easy to allege land-grabbing. Someone who purchased property through a registered sale deed, you call a land grabber! Is it a civil dispute or a criminal dispute?”
During the proceedings, Senior Advocate Rana Mukherjee, representing the state, informed the Court that a notice had been issued to Dubey for investigation, but he had failed to appear, submitting an affidavit instead. Justice Kant remarked, “He must not be appearing because he knows that you will register another false case and arrest him there.” Justice Bhuyan added that modern means of communication, such as mobile phone notifications, should be used to summon Dubey, ensuring clarity and accountability.
Highlighting the misuse of police powers, Justice Kant criticized the state police for acting as if they were a civil court, warning, “Now you are assuming the power of the civil court! Who would like to miss such power?” The bench made it clear that any attempt by the police to detain Dubey without Court approval would result in strict punitive action. Justice Kant warned,
“Let him join the investigation, but don’t arrest him. If the police officers do otherwise, they will not only be suspended but will lose something more.”
The Court balanced its intervention by requiring Dubey to cooperate with the investigation and directed the state to send details of the summons through his mobile phone, which must remain active at all times. The petitioner was assured that no coercive measures would be taken against him unless the police could demonstrate the need for such action with Court approval.
This case raises significant concerns about the misuse of criminal law for settling civil disputes and reinforces the need for judicial vigilance in protecting individuals from arbitrary state actions.
Case Title: Anurag Dubey Alias Dabban v. The State of Uttar Pradesh, Diary No. 46437/2024
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