The recent case of Kurubara Suresh, a member of a tribal community, falsely accused of killing his wife, Mallige, made headlines for two reasons. First, a court acquitted Suresh and ordered the Karnataka government to compensate for implicating him in a false case. Second, Chief Minister Siddaramaiah suspended four police officers from Mysuru district for keeping an innocent man in jail for two years. There were allegations of custodial torture, too. The police had identified a skeleton as that of Mallige, brushed aside a DNA report and forced Suresh to confess. The re-appearance of Mallige, who was living with her lover all the while, unravelled the police’s claims. The compensation of ₹1 lakh appears highly inadequate for Suresh, who has filed for damages of ₹5 crore at the Karnataka High Court. In neighbouring Tamil Nadu, too, the State Human Rights Commission recently ordered a compensation of ₹1 lakh for the police foisting a false case on a Cuddalore man. Though false cases go against one of the pillars of jurisprudence, it’s a relief is that some checks and balances against police excesses are in place.
While the Suresh-Mallige case was plain bad policing, there are numerous instances of police officials filing false cases to intimidate, extort or even exert political pressure. In a case involving the Madhya Pradesh police, the Supreme Court had ruled that errant officers who fabricate evidence cannot seek protection from prosecution. The Karnataka HC had rapped three Bengaluru police officers for filing fake charges of narcotics consumption against two students though the forensic report did not show traces of drugs.
The filing of false cases, be it by the police or civilians, is an offence under the law. Playing fast and loose with the legal system can have serious ramifications, including imprisonment, fines and even defamation suits. Punishment can range from two to seven years, depending on the severity of the offence. A person acquitted of charges can also seek compensation from the accuser. While there is a tough set of laws in place, politicians and courts need to ensure that those who are entrusted with applying the law do not get to break it with impunity.