Dear Editor,
The article titled “Criminalizing civil disputes” by PM Devaiah in the July/August issue of India Business Law Journal could not have been more opportune.
One major contributor to the lack of ease of doing business in India is the abuse of the broken-down criminal justice system to settle commercial battles.
The abuse is not too different from other areas of law where the threat of criminal prosecution is used to extract a commercial bargain.
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Retired police officers are said to have started consultancy services to extract resolution of commercial disputes.
Devaiah makes his point well about how the checks and balances should be expected to work far better than they now do, to ensure that good (constitutionally valid) law does not lead to bad (undesirable) social outcomes.
Somasekhar Sundaresan
Partner
J Sagar Associates
Mumbai
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