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UP Government Withdraws 77 Muzzafarnagar Riot Cases without Giving Reasons.

UP Government Withdraws 77 Muzzafarnagar Riot Cases without Giving Reasons.

By- Neha Virmani

A report was submitted before the Supreme Court yesterday by Senior Advocate Vijay Hansaria, who was appointed as the amicus curiae in the case concerning speedy disposal of cases against lawmakers. 

Senior Advocate Vijay Hansaria filed a report today, stating that 510 criminal cases were registered in relation to the Muzaffarnagar riots of 2013. Of these, in 175 cases the charge sheet was filed, in 165 cases final reports were submitted, 170 cases were expunged.

Uttar Pradesh Government has withdrawn 77 criminal cases, pertaining to the 2013 Muzzafarnagar Riots, without assigning any reasons. Some of these cases pertained to offences punishable with a life term.

Hansaria’s report further discloses that the Karnataka Government also withdrew 62 cases, again without assigning any reason for the same.

He insists that withdrawal from prosecution under section 321 Cr.P.C. is permissible in public interest and cannot be done for “political considerations”.

He suggests that in addition to the law laid down in the case of K. Ajith (supra), the following directions may be made:

The appropriate Government may issue instructions to the public prosecutor only if the Government, in a given case, is of the opinion that the prosecuting the accused.

Such an order can be passed for reasons to be recorded for each individual case by the Home Secretary of the concerned State.

No eneral order can be passed for withdrawal of prosecution of any category of persons or offences committed during a particular period.

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