UP govt can’t withdraw terror cases without Centre’s consent: HC

A full bench of the court ruled that as the terrorists were arrested under the Central Act, hence the state government has no power to release them without the sanction of the Centre.

The bench comprising Justices DP Singh, Ajay Lamba and Ashok Pal gave this judgement after a two-member bench had earlier put a stay on the implementation of the decision of the state government. The government had decided to release terrorists suspected in the serial blasts in Varanasi, Gorakhpur, Lucknow, Rampur and other places of the state.

Earlier a local court of Barabanki had also rejected the plea of the state governemnt to drop charges against accused of plotting a string of blasts in 2007 in which districts courts in Lucknow, Varanasi and Faizabad were targeted.

The decision has given a setback to the Samajwadi Party government, which has announced in the 2012 assembly poll manifesto to withdraw cases against the terror suspect claiming them as innocent.

Earlier on 7 June, a bench of justices Rajiv Sharma and Mahendra Dayal passed the order to stay the decision of the UP government to withdraw terror cases against the accused. They, however referred the matter to a full bench.

The full bench gave their verdict on a PIL filed by advocate Ranjana Agnihotri and five others challenging the government’s move. Counsel for petitioners HS Jain said the court had referred the matter to a larger bench.

Samajwadi Party leader and urban development minister Md Azam Khan said that the state government will petition the Centre seeking its permission to withdraw the criminal cases against innocent Muslim youths.

The government has so far filed two applications for withdrawal of cases, but the courts have not allowed either. Dreaded terrorists on whom the UP government has decided to withdraw the cases include Shamin alias Sharif, accused in the Varanasi serial blast, Mohammad Tariq Quasmi, accused in the Gorakhpur serial blast, Mukhtar Hussain, Ali Akbar, Azijur Rahman, Naushad Hafiz, Noorul Islam and Yakub, suspect in serial blasts in the civil courts of Lucknow, Faizabad and Varanasi and Maqsood, Javed and Taj Mohammad, accused in the CRPF center attack in Rampur.