Friday, June 7, 2013

High court stays UP government's move to withdraw terror cases

The Lucknow bench of Allahabad high court on Friday stayed the UP government's move to withdraw cases against accused facing trial in terror cases.

The court decision is a setback to Akhikesh Yadav-led Samajwadi Party govt in the state.

The Samajwadi Party had promised to review terror charges against innocent Muslim youth who had been allegedly framed in terror cases during the former Mayawati government as part of its poll promise prior to assembly elections held last year.

The court order was passed by justices Rajeev Sharma and Mahendra Dayal of the Lucknow bench on a PIL filed by local lawyer Ranjana Agnihotri and five others.

While referring the matter to a larger bench, the court gave six weeks time to the respondents, including the central and the state governments, for filing their reply and four weeks for rejoinder thereafter.

The petitioners had sought direction for quashing the order issued by the state for withdrawing cases against persons accused of indulging in terror activities and serial blasts.

The court directed that the order for withdrawing the cases against the alleged terror accused shall be kept in abeyance.

Appearing on behalf of the UP government, additional advocate general Bulbul Godiyal submitted that the PIL was not maintainable as earlier a similar petition was dismissed by the Allahabad bench.

She submitted that the Centre's permission was not required for withdrawing the cases.

On behalf of the petitioner's counsel, HS Jain opposed the submission of the state government and said sanction from the central government was certainly required for withdrawing the cases.

As directed by the bench on the earlier date, the entire record of alleged terror accused was not produced by the state government and only a list of their names was submitted with the affidavit.

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