Uttar Pradesh blasts: SC to hear plea to drop terror charges

The bench issued a notice to the petitioner in the case, advocate Ranjana Agnihotri, on whose PIL the High Court had rejected the state government’s decision.

Appearing for the state government, senior advocate Rajeev Dhavan pointed out that their appeal delved into two moot questions. First, whether the state had the power to withdraw these cases without the consent of the central government and second, if reasons had to be disclosed in public for taking such a decision.

Dhavan said the state government acknowledged the reasons and then refers the matter to the public prosecutor, who can decide independently. He agreed that there may be questions if the state government’s decision was in public interest or not but urged the court to hear all parties and examine the pertinent points raised in their petition.

The bench, which had earlier sought to know regarding the status of the cases wherein accused were sought to be freed, was also informed that two of such cases had been wrapped up.

The court agreed to consider the UP government’s appeal and issued notices to all parties concerned.

The HC decision had come as a big setback to the ruling Samajwadi Party ahead of the 2014 Parliament elections for, it had promised in its election manifesto for the March 2012 Assembly elections the withdrawal of cases against all innocent Muslims lodged in different jails of the state.

The HC, however, had held that all 19 persons were charged under Central laws like the Passport Act and Unlawful Prevention of Activities Act, and hence the state government cannot withdraw the criminal cases against them without getting prior sanction from the Centre. The court had added that even if the sanction is granted by the Centre, the cases cannot be withdrawn without the approval of the designated court. Besides, any application moved for withdrawal of prosecution related to terrorism and waging of war against the country must assign “specific and special reasons”, the HC had said.

The order by a full bench of the HC effectively forbid the Akhilesh Yadav-led administration from withdrawing charges against 19 suspects of the minority community, in custody over a series of blasts dating back to 2006 and 2007 when Mayawati was chief minister.