THE MULAYAM Singh Yadav government has withdrawn a treason case against banned Students Islamic Movement of India (SIMI) national president Shahid Badr Falahi.
Falahi, who was recently re-nominated as the president of the outfit, has spent full 30 months behind bars and is currently out on the bail. He hasn’t attended a single hearing in connection with a treason case at the Bahraich fast track court. Hindustan Times has access to a government order 26-21-WC-7-Nyaya 5-2006/10WC10-14-wc-2004 that withdraws the case. The document is signed by district magistrate Bahraich and has been submitted in the court along with an application of special prosecution officer (SPO), Bahraich.
The Bahraich Kotwali police had arrested Dr Falahi with seven others for making an inflammatory speech at Sir Syed Girls College in Bahraich.
A case (no 532/01) was lodged for sedition, creating communal disharmony, inducement for armed struggle and hurting religious sentiments, under sections 124A 124B, 153A, 153B, 505 and 298 of IPC in 2001.
It was the time when SIMI cadres were arrested all over the state for sedition and their involvement in bomb blasts. Falahi, who has two cases against him (another was lodged at Azamgarh), secured bail and went to New Delhi.
On September 19, 2005, special secretary with the state government AK Pandey wrote to DM Bahraich telling him about the government decision to withdraw the case against Falahi.
The DM reconsidered the case and SPO Anwar Ahmed Khan finally moved an application in the court on June 30, 2006, informing it of the government decision. In the entire order, however, nowhere it is specified why the government was taking the case back nor does it contain any ground. The court has admitted the application and has fixed July 17 for the hearing.
Legal experts, however, feel that the government may now want to withdraw the case but technically it cannot take back a case of sedition. “There has to be a solid reasoning backed by clinching evidences before such a decision is reached,” said lawyer Surendra Pratap Singh.
It was only after the state government went extra soft on Falahi, he came back with a bang and was re-elected national president on April 10, 2006 in Aligarh where he formed the national executive. After his election, his trusted lieutenant and state SIMI president Mohd Aamir surrendered before the court with police help.
It is learnt that the state government is planning to withdraw the case against Aamir as well. He faces charges of sedition, complicity in Kanpur blasts and hand in the Kanpur riots.