?High Court didn?t endorse cases withdrawal?
Pradesh Congress Committee (legal cell) president J P Dhanopiya today said that the M P High Court has held that Cabinet?s decision to withdraw petty criminal cases against 70,000 persons was not enough reason for withdrawal of such cases.india Updated: Feb 11, 2006 14:21 IST
Pradesh Congress Committee (legal cell) president J P Dhanopiya today said that the M P High Court has held that Cabinet’s decision to withdraw petty criminal cases against 70,000 persons was not enough reason for withdrawal of such cases.
Prosecution and the court should consider the merit of each case before deciding on the matter of withdrawal of cases. Dhanopiya, who had filed a public interest litigation (PIL) along with State Congress chief Subhash Yadav challenging the State Government’s decision to withdraw about 70,000 criminal cases, said that the double bench of Justice Deepak Mishra and Justice Deepak Verma held that law & order maintenance was a major responsibility of the State Government and prosecution were under no obligation to mechanically withdraw cases against designated persons in the wake of Cabinet decision.
The court, in its order observed that while the cases are sought to be withdrawn, the public prosecutor must act as mandated in law and should not act as if he were a post office.
The court must also satisfy itself in consonance of the law governing the field and should not be solely guided by the application and pass an order of consent as a routine matter.
Stating that the High Court order amounts to disapproval of withdrawal process as decided by the State Government, he said that the court has only concurred with the concern of the litigants that ‘mechanical’ withdrawal of cases in such a large numbers could jeopardize law & order situation in the State.