Use Of Force By Recovery Agents Of Govt. Banks, MFIs: SC Dismisses Plea With Liberty Of Representation Before Concerned Ministry

The Supreme Court on Tuesday dismissed a PIL seeking guidelines against the use of force by recovery agents of government banks and micro finance institutions, with liberty to the petitioner to make a representation to the concerned ministry.

"This petition is about the use of force by recovery agents of government banks and micro finance institutions. This is against the rule of law. The citizens of this country are suffering ", it was submitted on behalf of petitioners Vikram Sharma and others.

"The RBI has issued circulars for this very problem since 2003. You yourself have mentioned them in your petition", observed Justice Rohinton Nariman.

"The circulars are not working. What we need is the enactment of some law, we need guidelines", pressed the counsel.

"You have been a lawyer for how long? Can we issue a mandamus to the legislature? ", commented Justice Nariman.

"No, I am not on the legislature. It is the RBI which has control of the MFIs. Can this petition be treated as a representation to the ministry?", advanced the counsel.

The bench then proceeded to dismiss the petition, with liberty to the petitioner to make a representation in this regard to the concerned ministry.