WITHDRAWL OF CRIMINAL CASES WITHOUT TRIAL WEAKENS THE RULES OF LAW – SDPI
New Delhi, 11th of August, 2021, SDPI warmly welcomes the order of Supreme Court dt. 10th of August, 2021 to check instances of state government. Withdrawing cases against MPs and MLAs without taking the consent of the High Court of the states. The supreme court has also directed to the chief justice of high court to constitute the special bench to monitor the progress of criminal cases against the sitting and former legislators.SDPI has for a long been raising its concern, objecting to the withdrawal of the criminal cases without trial. The political motivation not the justice is generally behind the move to file application under 321CrPC on behalf of the prosecution side to withdraw the cases mostly against the political persons who are named as accused persons in first information reports apportioning clear role to them in criminal incidents. The practice to withdraw the case has been followed by almost all the political parties, time to time during their rule. The glaring example is of Yogi Adityanath who himself after becoming Chief Minister of UP, withdrew all the criminal cases against him including those of heinous crimes. About dozen criminal cases were pending against him for years with the allegations of killings, riots etc. The criminal cases regarding Muzaffarnagar riots of 2013 in that a number of BJP leaders were named including Ministers, MLAs and MPs was also withdrawn from the Court of Muzaffarnagar. Such criminal cases in view of the attitude of saving the political persons protecting them against the unruly behavior and criminal happenings are often withdrawn by the government in view of the political pressure of the members and the leaders of the ruling party.SDPI prepares to challenge the order dt. 25th of March, 2021, by which the prosecution application to withdraw the case against BJP MLA Sangeet Som, Suresh Rana etc. has been withdrawn by the special Judge (MP / MLA) / The Additional District and Session Judge Court no. 5 Muzaffarnagar, but under the invisible pressure of the government, the office and registry of the court is not permitting the certified copies of the FIR, prosecution application to withdraw the case and the order passed by the Court. SDPI has taken decision to challenge the legality of the order dt. 25th of March 2021. The stand of SDPI has been strengthening by the recent order of the Supreme Court.