?Courts should go by law in quashing cases? | india | Hindustan Times
  • Friday, Jul 20, 2018
  •   °C  
Today in New Delhi, India
Jul 20, 2018-Friday
-°C
New Delhi
  • Humidity
    -
  • Wind
    -

?Courts should go by law in quashing cases?

WITH THE observation that the lower courts in MP shouldn't be solely guided by the prosecution application for withdrawal of cases and must satisfy themselves in consonance with the law before giving their stamp of approval, the Madhya Pradesh High Court today disposed of a Public Interest Litigation (PIL) filed by Pradesh Congress Committee Chief Subhash Yadav seeking direction to quash the State Cabinet's decision to withdraw thousands of petty criminal cases pending in various district courts.

india Updated: Feb 07, 2006 16:24 IST

WITH THE observation that the lower courts in MP shouldn't be solely guided by the prosecution application for withdrawal of cases and must satisfy themselves in consonance with the law before giving their stamp of approval, the Madhya Pradesh High Court today disposed of a Public Interest Litigation (PIL) filed by Pradesh Congress Committee Chief Subhash Yadav seeking direction to quash the State Cabinet's decision to withdraw thousands of petty criminal cases pending in various district courts.

Yadav had contended that cases pending against persons belonging to saffron outfits like Bajrang Dal and Vishwa Hindu Parishad were being withdrawn by the State Government. The Bharatiya Janata Party State Cabinet had taken the decision on September 6, 2004 to withdraw cases of general nature pending for long in various courts on or before July 1, 2001.

A division bench comprising Justice Deepak Verma and Justice Dipak Misra said that it hopes that the State Government, public prosecutor as well as the district courts would keep themselves alive to their respective roles and do the needful.

The bench observed that it must be borne in mind that the lower courts should not act as a post office as the court has a duty to perform.

The bench further observed that the public prosecutor must act as mandated in law and should not act as if he or she is a post office.

The PIL said the state government had already withdrawn in the first phase about 22000 criminal cases pending in various district courts across the state and alleged that in most of the cases the ruling party and its alliances have taken benefit to earn the political mileage. In second phase, the State Government is considering the withdrawal of about 75,000 criminal cases pending in different courts, the PIL said.