The Supreme Court stated on Tuesday that the Uttar Pradesh government dropped 77 cases related to the Muzaffarnagar riots without giving grounds. In a case involving the acceleration of charges against MPs and MPs, renowned amicus curiae lawyer Vijay Hansaria filed a report.
By Vaishali Pandey/The Newster
On Tuesday, the Supreme Court was informed that the Uttar Pradesh government has dropped 77 cases linked to the Muzaffarnagar riots in 2013, including some involving life sentences, without providing any reason.
A bench consisting of Chief Justice N.V. Ramana, Justices D.Y. Chandrachud and Surya Kant will hear a petition filed by lawyer Ashwini Upadhyay seeking a fast resolution of charges involving the politicians.
In his report filed through advocate Sneha Kalita, senior advocate Vijay Hansaria, who has been appointed amicus curiae in the case, averred that the state government has stated that 510 cases relating to the Muzaffarnagar riots of 2013 were registered in five districts of the Meerut Zone against 6,869 accused.
Mr. Hansaria Asks The High Court To Hear 77 Cases
Mr. Hansaria stated in his report that the Uttar Pradesh government has dropped 77 cases linked to the Muzaffarnagar riots in 2013, for which the accused was supposedly sentenced to life in jail.
According to Mr. Hansaria, The High Court should hear these 77 cases. The Supreme Court ruled at its most recent session that proceedings against MPs and MLAs cannot be closed without the permission of the High Court.
He said, “it is submitted that withdrawal from prosecution under section 321 CrPC is permissible in the public interest and cannot be done for political consideration. Such applications can be made in good faith, in the interest of public policy and justice and not to thwart or stifle the process of law.”
Following the 2013 riots, which resulted in the deaths of more than 60 people and the injuries of hundreds more, 510 charges were filed against 6,869 individuals.
Many of these instances, he added, include dacoity offences under Section 397 of the Indian Penal Code, which are punished by life imprisonment.
Indictments were filed in 175 of the cases, final reports were presented in 165 of the cases, and 170 of the cases were dismissed.
High Courts Must Review All Cases
In his report, the amicus advised the Supreme Court that, in light of the state’s recurrent abuse of authority in dropping cases for political and other reasons, the court should give additional instructions in addition to the existing rules.
He stated that after the decision of this Court of September 16, 2020, all cases withdrawn under Section 321 CrPC may be reviewed by the relevant high courts exercising revisional jurisdiction.
In December last year, the Uttar Pradesh government compiled a list of leaders against whom the cases were withdrawn. Three BJP MPs including Sangeet Som, Suresh Rana, and Kapil Dev and right-wing activist Sadhvi Prachi, were on the list.
The decision came after Uttar Pradesh Governor Ram Naik signed a bill allowing 20,000 charges against politicians to be dropped. Yogi Adityanath, the Chief Minister, claimed the charges were “not serious” and had been “pending for a long time.”
Other States Have Also Withdrawn Cases Without Giving Any Reason
Mr. Hansaria further mentioned that the Karnataka government dropped 62 cases, Tamil Nadu withdrew four cases, Telangana withdrew 14 cases, and Kerala withdrew 36 without giving an explanation.