Following UP govt petition a court has exonerated 12 BJP leaders including a minister who were accused of violence during the riot
Team Clarion
NEW DELHI— The Supreme Court of India’s directive asking the high courts to examine the withdrawal of cases by governments against lawmakers (MPs and MLAs) from September 2020 is going to put the Yogi Adityanath government of Uttar Pradesh in a fix. The directive brings its plans to withdraw Muzaffarnagar riot-related cases against its ministers and party MLAs under judicial scrutiny.
In 2019 the state recommended the withdrawal of 75 cases against 400 people including BJP leaders accused of violence during 2013 riots that claimed 60 lives. And in December 2020, the government filed petitions seeking withdrawal of the cases.
Following the petition, in March this year, a court in Muzaffarnagar gave clean chit to BJP leaders accused of violence during the riot. The decision to exonerate 12 leaders including a minister Suresh Rana, BJP MLA Sangeet Som, and VHP leader Sadhvi Prachi even without a trail despite videos showing them giving incendiary speeches was strongly criticised with many raising question over judicial system that allows governments to abuse laws.
The Supreme Court directive is being seen as a welcome step as the bench of Chief Justice N.V. Ramana and Justices Vineet Saran and Surya Kant said states or Union territories cannot withdraw cases against MLAs and MPs without getting prior approval from the high courts concerned.
Nakul Singh, a documentary filmmaker based in Western Uttar Pradesh who has extensively tracked post-riot situation, told Clarion India that it will put a check on this notion that politicians are above law. “People in power should be held more responsible than common civilians. Politicians who are instigating violence should not be forgiven at all.”
He said that the Yogi government was providing immunity to the politicians, giving them a sense that they could continue with their crimes without any consequences. “It is a welcome intervention by the Supreme Court,” Singh said.
The bench, after hearing the arguments, said judges handling cases against MPs/MLAs must continue in their posts until further orders of the Supreme Court, subject to their death or retirement.
The riot cases were among those mentioned by senior advocate and amicus curiae Vijay Hansaria during the hearing. He said the UP govt has sought withdrawal of 76 cases against elected representatives, all accused in the Muzaffar Nagar riot cases.
