HC anxious over reports of Haryana’s plan to withdraw FIRs

HC SAYS THE STATE HAS POWER TO WITHDRAW CASES BUT HOW FAR IT COULD GO IN DOING SO, IS A MATTER WHICH COULD BE EXAMINED

CHANDIGARH:The Punjab and Haryana high court on Tuesday expressed concerns over reports of the state government mulling withdrawal of FIRs registered to probe cases related to the February 2016 Jat quota violence.

As many as 2,100 FIRs were registered by Haryana Police to probe vandalism of public as well as private property, and various other offences during the stir.

“It is a cause of concern if they are doing so (withdrawing cases). ..Impression should not go (that) it is being withdrawn under pressure,” the HC observed. It further stated that the state had power to withdraw cases under section 321 of CrPC (withdrawal of case), but how far it could go in doing so, is a matter which can be examined.

The court’s observation came during the resumed hearing of a suo motu petition initiated following widespread vandalism recorded during February 2016 Jat quota violence. The HC is monitoring the investigation.

Amicus curiae, Anupam Gupta, argued that since the HC is monitoring the investigation, the state cannot withdraw cases without keeping it in loop. He pointed out that there are reports with statements from bureaucrats and politicians working towards defusing the situation and dropping promises.

He also pointed out that meetings are being held with those who have been booked for 2016 violence. The government, however, dismissed media reports as speculative and additional solicitor general, Tushar Mehta, said that the court’s concerns have been understood by the state.

WHY NOT TRANSFER ALL CASES TO CBI: HC

The HC also observed as to why all cases of February 2016 should not be transferred to the CBI.

The HC bench was reacting to a petition moved by one of the accused, in arson at the Rohtak house of finance minister Captain Abhimanyu, challenging the government’s decision to recommend the probe to the CBI.

“In fact we want all cases to be transferred to the CBI,” the HC bench observed, as the petitioner pointed out that those FIRs pertaining to vandalism at the finance minister’s residence had been transferred for CBI probe, while other cases are being investigated by the state police. The HC refused to issue notice to the Haryana government on the petition and a copy was handed over to it for examination. The matter has been adjourned for March 16.

The court was informed by the petitioner that there are over 40 persons booked in the case and that many of them are behind bars and unable to secure bail as trial at Rohtak court has been stayed and the CBI has yet not started the investigation. Gupta countered this and said the matter had the court’s “implicit” go ahead as it was heard at length.