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Court invokes special powers to quash cases against U.S. citizens

J. Venkatesan

This is to ensure complete justice to the medicos

It will be in the ends of justice to quash criminal proceedings that are used for oblique purposes
A fit case where we should exercise jurisdiction under Article 142: Bench

New Delhi: The Supreme Court has cautioned the High Courts against exercising their inherent powers under Section 482 of the Criminal Procedure Code to quash criminal proceedings mechanically.

However, with a view to ensuring substantive justice to two doctors, American citizens, who were allegedly harassed by a medical college in Uttar Pradesh, the court invoked its powers under Article 142 of the Constitution (powers to intervene in any proceeding for doing complete justice) and quashed the criminal cases against them.

Appeal upheld

In the instant case, Dr. Monica Kumar and Dr. Manish Kumar alleged that they were harassed by the management of Santosh Medical College, Ghaziabad, where there were students, and criminal cases registered against them. The Allahabad High Court rejected their plea to quash the criminal proceedings.

Allowing their appeal against this judgment, a Supreme Court Bench, consisting of Justices S.B. Sinha and Lokeshwar Singh Panta, pointed out that the appellants said they had sent a representation to their President, whereupon the White House, in a letter, dated August 16, 2004, informed them that it decided to send the petition to the Department of State to address their grievances. By another letter dated August 30, 2004, the appellants were also informed of the steps having been taken by the U.S.

Writing the judgment, Justice Panta said the facts of the case indicated that the appellants during their MBBS course had some problems with the college management.

They spent much of their precious time in litigation.

“We are of the view that it is a fit case where we should exercise our jurisdiction under Article 142 for doing [the U.S. citizens] complete justice. If the court is satisfied that the proceedings in a criminal case are being utilised for oblique purposes or if the same are continued on manufactured and false evidence or if no case is made out on the admitted facts, it would be in the ends of justice to set aside or quash the criminal proceedings.”

Complete justice

The Bench said: “This court’s power under Article 142(1) to do ‘complete justice’ is entirely of a different level and of a different quality. What would be the need of complete justice in a ‘cause’ or ‘matter’ depends upon the facts and circumstances of each case and while exercising that power the court would take into consideration the express provisions of a substantive statute.”

The Bench said: “Any prohibition or restriction contained in ordinary laws cannot act as a limitation on the constitutional power of this court. Once this court has taken seisin of a cause or matter before it, it has the power to issue any order or direction to do ‘complete justice’ in the matter.”

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