By Adv. Shashank S. Narvekar, Mapusa Municipality Councillor
There was once a fictional land where citizens believed that civil disputes belonged in civil courts and criminal offences belonged before the police. Investors who claimed that money was due from a property transaction were expected to file civil suits, establish their claims through evidence, and obtain decrees from competent courts.
But according to a cautionary tale from this fictional land, some investors found a faster route. Instead of pursuing civil remedies, they succeeded in transforming a commercial dispute into a criminal case. What could not be recovered through years of litigation appeared capable of being recovered through the fear of arrest.
A citizen found himself facing criminal proceedings arising from what was fundamentally a dispute concerning money and property. A Non-Bailable Warrant appeared. Threats of imprisonment followed. Discussions regarding repayment took place in the presence of persons connected with the dispute. Undertakings were signed, cheques obtained, and payments made.
The citizen was left wondering whether he had entered a police station or a debt recovery office.
The most troubling question raised by this fictional story is simple: if disputed financial claims can be enforced through criminal pressure, why would any investor or businessman file a civil suit and wait for a judicial determination? Why would courts exist at all?
The citizen later complained that those entrusted with enforcing the law had failed to act upon his allegations and that evidence capable of revealing the truth required immediate preservation. Yet this story is not merely about one individual. It concerns every citizen.
_In any constitutional democracy, police exist to investigate crimes, not to recover money._ Investors have every right to seek recovery of their investments, but that recovery must take place through lawful civil processes and judicial orders. The moment criminal law is used as a tool for debt recovery, the distinction between justice and coercion begins to disappear.
Moral : A society governed by the rule of law cannot permit criminal process to become a shortcut for financial recovery. When fear replaces due process and recovery replaces justice, public confidence in institutions becomes the ultimate victim.
Disclaimer : This is a fictional story with a moral lesson. Any resemblance to actual persons, events, institutions, authorities, investors, agencies, or legal proceedings is purely coincidental and unintended.
