Madras High Court Halts Police Involvement in Civil Disputes

Court Orders Immediate Cessation of "Current Paper Enquiry" Practice in Civil Matters

In a landmark judgment, the Madras High Court has issued a significant ruling to prevent police officers from intervening in civil disputes, marking a pivotal step in safeguarding the separation between civil and criminal jurisdictions. Justice B. Pugalendhi, presiding over the cases at the Madurai Bench, addressed multiple petitions where the petitioners alleged harassment by police under the guise of enquiries into matters that were undeniably civil in nature, such as money transactions, property disputes, and contractual disagreements.

The Court was approached by petitioners, including Abdul Kadar and others, seeking protection from police harassment stemming from private complaints that lacked any criminal elements. In its comprehensive order dated November 5, 2025, the Court condemned the informal police practice known as "current paper enquiry," which lacks statutory recognition and has been criticized for leading to arbitrary police action and harassment without judicial oversight.

The judgment underscored the importance of civil courts in resolving disputes involving civil matters and reaffirmed that police jurisdiction should strictly adhere to criminal law enforcement. The Court highlighted that the misuse of police authority to mediate private civil disputes not only amounts to an abuse of process but also violates constitutional safeguards.

Citing previous Supreme Court judgments, including Lalita Kumari v. Government of U.P., the Court emphasized that preliminary enquiries should be limited to specific circumstances where criminal elements are not immediately clear. The ruling pointed out that police involvement in civil disputes under the pretext of enquiry violates established legal procedures and citizens' fundamental rights.

The judgment directed the cessation of the "current paper enquiry" practice and issued strict guidelines to ensure police do not entertain or conduct enquiries in disputes that are purely civil. Police summons or notices related to civil matters cannot be issued unless an FIR is registered, reinforcing the legal boundaries between civil and criminal jurisdictions.

The Court’s ruling is expected to bring significant changes to police procedures, ensuring that civil disputes are handled within the appropriate legal framework, thereby protecting individuals from undue police interference. The judgment mandates the Director General of Police to circulate the order and related circulars across all units for strict compliance, with violations inviting departmental action.

This decisive move by the Madras High Court stands as a critical reminder of the constitutional separation between civil and criminal remedies, aiming to uphold the rule of law and prevent the misuse of police power.

Bottom Line:

Police jurisdiction should not extend to civil disputes - "Current paper enquiry" lacks statutory recognition and its practice must be discontinued immediately - Civil disputes should be addressed by Civil Courts, not mediated by police acting as recovery agents.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 94, 173(3), 179, Police Standing Order PSO.No.562

Abdul Kadar v. Commissioner of Police, Tirunelveli City, (Madras)(Madurai Bench) : Law Finder Doc Id # 2804932