Seventy-seven cases relating to the Muzaffarnagar communal riots were withdrawn by the Uttar Pradesh government without assigning any reasons, a report alerted the Supreme Court.
“The government orders do not give any reasons for withdrawal of the case under Section 321 of Code of Criminal Procedure. They merely state that the administration, after full consideration, has taken a decision to withdraw the particular case. Many such cases relate to offences of dacoity punishable with imprisonment for life,” the apex court’s amicus curiae, senior advocate Vijay Hansaria, assisted by advocate Sneha Kalita, said in a report on Tuesday.
Mr. Hansaria said the information is part of a letter sent to him by the Uttar Pradesh State counsel on August 20.
The submission was made in connection with a plea seeking the quick disposal of the cases against MP and MLAs.
A bench of Chief Justice N V Ramana and Justices DY Chandrachud and Surya Kant will soon hear a petition filed by advocate Ashwini Upadhyay seeking quick disposal of cases against MPs and MLAs.
Sixty people had died in communal riots in Muzaffarnagar and Shamli districts in Uttar Pradesh in 2013. Thousands of Muslim families were displaced.
It is in his report filed through advocate Sneha Kalita that he said, “The state government has informed that a total of 510 cases relating to Muzaffarnagar riots of 2013 were registered in five districts of Meerut Zone against 6,869 accused. Of these 510 cases, in 175 cases the chargesheet was filed, in 165 cases final reports were submitted and 170 cases were expunged.”
He continued, “Thereafter, 77 cases were withdrawn by the state government under section 321 of CrPC.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 cases. They merely state that the administration, after full consideration, has taken a decision to withdraw the particular cases.”
Vijay Hansaria said that these 77 withdrawn cases may be examined by the high court by exercising revisional jurisdiction under section 401 of CrPC.
In the same vein, amicus curiae Vijay Hansaria pointed out that the Karnataka government has withdrawn 62 cases without giving any reason, Tamil Nadu has withdrawn four cases, Telangana has withdrawn 14 cases and Kerala has withdrawn 36 cases.
