Gujarat High Court flags ‘undue interest’ taken by police in commercial disputes, saying it indicates their ‘extraneous consideration’

Noting that the primary duty of the police is to maintain law and order, the Gujarat High Court on October 15 (Tuesday) expressed concerns over police authorities taking “undue” interest in commercial disputes, which seems to indicate that they took an “extraneous consideration”.

During the hearing, the State submitted a report prepared by the concerned Deputy Commissioner of Police (who was present in court) that all the complaints had been disposed of as per the present application – which relates to a commercial dispute.

A single judge bench composed of Justice Sandeep N Bhatt in his order he then stated: “However, taking into account the seriousness of the allegations made in the application and taking into account that the primary duty of the police authorities is to maintain public order and discharge their responsibilities with the greatest sincerity and honesty, the Court is of the opinion that, prima facie, in the present case the police showed excessive interest in the dispute, which concerns a commercial transaction“.

The High Court then said that it had come across many cases in which the “The police took an undue interest in disputes relating to commercial transactions or real estate, which seems to indicate that they took a consideration unrelated to this interest.”

He observed that there are issues that require “the greatest attention” from the police, including traffic management, “increasing nuisance” from alcohol and drug activities, public order problems and daily incidents in which groups clash using “deadly weapons like sword, knife and even firearms”

He then emphasized: “Such issues should be addressed with utmost seriousness and high hand, but instead the police are rather involved in matters that mainly involve monetary transactions. This situation must be handled at the appropriate level to ensure that citizens feel safe in the state of Gujarat, where law and order must visibly exist at a satisfactory level.“.

The Court further directed the concerned Deputy Superintendent of Police and the Officer-in-Charge of the concerned police station to file an affidavit responding to the allegations made in the present plea and explain what prompted the concerned officer to issue notice on January 13.

The Court further ordered “That a copy of this order be sent to the Director General of Police (DGP), the Inspector General of Police (IGP) of all ranks and the Commissioner of Police of all police stations to examine this matter and take action. necessary measures to correct the system. The affidavit in the present case to this effect will be filed within a week from today. Relist the matter on 25.10.2024 for further consideration, more particularly on the concern shown by this Court on broader issues“.

Case Title: Nikunjbhai Jaysukhbhai Padariya v. State of Gujarat and Ors.

Click here to read/download the order