UP to withdraw ‘politically motivated’ riots cases

LUCKNOW:Virtually violating the due process of law, Chief Minister Yogi Adityanath-led government in UP is considering withdrawal of cases of heinous crime against its members, including those accused of inciting Muzaffarnagar riots, on the pretext that these were “politically motivated”.

Yogi Adityanath

Shahira Naim

Tribune News Service

Lucknow, March 22

Virtually violating the due process of law, Chief Minister Yogi Adityanath-led government in UP is considering withdrawal of cases of heinous crime against its members, including those accused of inciting Muzaffarnagar riots, on the pretext that these were “politically motivated”.

On the CM initiating the process to withdraw 131 cases filed in Muzaffarnagar and Shamli for the 2013 communal riots, state Law Minister Brijesh Pathak said the government would withdraw only those cases that “smacked of political vendetta”.

The ‘Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Bill, 2017’ passed by the Yogi government, ostensibly to withdraw 20,000 “politically motivated” cases of violation of Section 144, is now being used to withdraw serious cases.

Following the Muzaffarnagar riots, the Samajwadi Party government registered 503 cases against 1,455 persons in various police stations of Muzaffarnagar and Shamli. Among the accused are Muzaffarnagar BJP MP and former Union Minister Sanjiv Balyan, UP minister Suresh Rana, Bijnore MP Bhartendu Singh, Budhana MLA Umesh Malik, Sardana MLA Sangeet Som and party leader Sadhvi Prachi.

The cases include at least 16 under Section 15-A of the IPC (promoting enmity on religious grounds) and at least two under Section 295-A (deliberate and malicious acts intended to insult a religion or religious belief). On February 5, a delegation led by MP Balyan had met CM Yogi and submitted a list of 179 cases for withdrawal. The state Law Department subsequently sought from the district magistrates of Muzaffarnagar and Shamli clarifications on 13 points besides details of the status of 131 cases. Significantly, one of the points was regarding the “withdrawal of case, your clear opinion on public interest with reason.”

A senior counsel with the Allahabad High Court, instrumental in getting the cases registered, said once the state government initiated the withdrawal process, it would be challenged in a court of law. Sources said the CM was under pressure from the party cadre in western UP for withdrawal of cases against not just the BJP leaders but a large number of youth too.

At least 62 persons were killed and close to 50,000 displaced in the communal violence that shook Muzaffarnagar and adjoining districts in August-September 2013, forcing the Army to be called in.

In a statement, CPI (ML) secretary Ashish Mital on Thursday condemned the move to withdraw the more than 155 cases of rioting, murder and attempted murder. “The attacks were led by RSS cadres and BJP leaders, several of whom are ministers, parliamentarians and legislators. ...The Yogi government is going out of its way and against the tenets of legal propriety to absolve these criminals by preventing a trial,” he said.

Among Muzaffarnagar accused