UP govt withdrew 77 cases without giving any reason, apex court told
The Uttar Pradesh government has withdrawn 77 cases related to the Muzaffarnagar riots of 2013 related to offences entailing punishment of life sentence without giving any reasons, the Supreme Court was told on Tuesday.
A bench of Chief Justice N V Ramana and Justices DY Chandrachud and Surya Kant is scheduled to hear a plea filed by advocate Ashwini Upadhyay seeking speedy disposal of cases against lawmakers. Senior advocate Vijay Hansaria, who has been appointed amicus curiae in the matter, in his report filed through advocate Sneha Kalita said that the state government has informed that total of 510 cases, relating to Muzaffarnagar riots of 2013 were registered in five districts of Meerut Zone against 6,869 accused. “Out of these 510 cases, in 175 cases the charge sheet was filed, in 165 cases final reports were submitted, 170 cases were expunged. Thereafter 77 cases were withdrawn by the state government under section 321 of CRPC.
The Government Orders do not give any reasons for withdrawal of the case under section 321 of CRPC. It merely states that the administration after full consideration has taken a decision to withdraw the particular case,” Hansaria submitted. He said that many of such cases relating to offences of dacoity under section 397 IPC are punishable with imprisonment for life. Hansaria said that these 77 cases relating to Muzaffarnagar riots of 2013 withdrawn under section 321 of CRPC may be examined by the High Court by exercising revisional jurisdiction under section 401 of CRPC in the light of the law laid down by this Court.
Similarly, the amicus curiae pointed out that the Karnataka government has withdrawn 62 cases without assigning any reason, Tamil Nadu has withdrawn four cases, Telangana has withdrawn 14 cases and Kerala has withdrawn 36 cases. Hansaria submitted that this Court in the order dated August 10, 2021 had directed that no prosecution against a sitting or former MP/ MLA shall be withdrawn without leave of the High Court.