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

December 12, 2013

yadav

Lucknow, Dec 12: In a setback to Uttar Pradesh government, the Allahabad High Court today held that it cannot withdraw prosecution in terror cases in which the accused have been booked under central acts without Centre's permission.

The ruling was given by the high court's Lucknow bench of justices Devi Prasad Singh, Ajai Lamba and Ashok Pal Singh on questions raised by a two-judge division bench on a PIL filed by Ranjana Agnihotri and five other local lawyers.

The PIL had sought a direction for quashing the order of the UP government for withdrawal of cases against people accused of blasts and terror activities that included 2007 serial explosions at Lucknow and Gorakhpur.

"Prosecution under central acts cannot be withdrawn without permission of the central government," the three-judge bench said.

BJP welcomed the court ruling saying it was a "slap" on the Akhilesh Yadav government.

"It is a slap on the Akhilesh Yadav government which is following the policy of Muslim appeasement," state BJP spokesman Vijay Bahadur Pathak said.

"For offences under Unlawful Activities (Prevention) Act, Explosive Substances Act and Arms Act and the offences falling in Chapter VI of IPC or alike offences the executive power of the Union of India extends, hence the permission of the central government with regard to withdrawal of prosecution shall be necessary," the three-judge bench held.

The bench also said that the prosecution cannot be withdrawn without assigning reason.

"If an application is moved for withdrawal from prosecution in a case relating to terrorism and waging of war against the country, specific and special reason has to be assigned," it said.

On June 7 while staying the state government's order to withdraw cases against people accused of terror activities, a division bench of justices Rajeev Sharma and Mahendra Dayal had referred the matter to a larger bench.

The two-judge bench had questioned whether the state government could issue an order for withdrawAl of cases withou any request being there from the public prosecutor.

It had also raised the question whether the prosecution of offence relating to the central act may be withdrawn without taking permission from the central government.

It had further asked, "Whether the state government after giving sanction for prosecution review its own order by issuing orders for withdrawal of the cases."

The larger bench comprising the three judges while answering the questions directed that the case be listed before the appropriate bench.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 27,2020

Mumbai, Mar 27: Reserve Bank of India (RBI) Governor Shaktikanta Das on Friday said that Monetary Policy Committee (MPC) has taken note of the global economic activity coming to a near standstill due to the coronavirus pandemic and added that large parts of the world could slip into recession in the coming days to the coronavirus crisis.
"The MPC noted that global economic activity has come to a near stand-still as COVID-19 related lockdowns and social distancing are imposed across a widening swath of affected countries. Expectations of a shallow recovery in 2020, from 2019's decade low in global growth, have been dashed," Das said.
"The outlook is now heavily contingent upon the intensity, spread and duration of the pandemic. There is a rising probability that large parts of the world will slip into recession," he added.
The RBI Governor further added that "the implied GDP growth of 4.7 per cent in Quarter 4 of 2019-20, in the second advance estimates of the National Statistics Office which was released in February 2020, within the annual estimate of 5 per cent for the year as a whole is now at risk."
As per the outlook for the year 2020-21, Das said, "Apart from continuing resilience of agriculture and allied activities most other sectors of the economy will be adversely impacted by the pandemic depending upon, its intensity, spread and duration."
Das also announced a reduction in the repo and reverse repo rates for banks.
"The repo rate has been reduced by 75 basis points to 4.4 per cent. The reserve repo rate has been reduced by 90 basis points to 4 per cent," Das said addressing the media.
The decision for "a sizeable reduction" in the policy repo rate, according to the RBI Governor was taken to "revive growth and mitigate the impact of COVID-19 and ensure financial stability." 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
February 5,2020

New Delhi, Feb 5: AIMIM chief Asaduddin Owaisi on Wednesday expressed his suspicion over the government using force to clear the Shaheen Bagh stretch where an agitation has been ongoing for over 50 days against Citizenship Amendment Act (CAA).

While speaking to ANI over the phone, Owaisi was asked that there are indications from the government that after February 8, Shaheen Bagh will be cleared.

In reply, he said, "Might be they will shoot them, they might turn Shaheen Bagh into Jallianwala Bagh. This might happen. BJP minister gave a statement to 'shoot a bullet'. The government must give an answer as (to) who is radicalising."

Further speaking about NPR and NRC, Owaisi said, "Government must give a clear cut answer that till 2024 NRC will not be implemented. Why are they spending Rs 3900 crore for NPR? I feel this way because I was a History student. Hitler during his reign conducted census twice and after that, he pushed the jews in a gas chamber. I don't want our country (to) go in that way."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
July 7,2020

Bhopal, Jul 7: Anil Mishra, personal assistant to BJP Rajya Sabha MP Jyotiraditya Scindia, has tested positive.

He has been accompanying Scindia throughout his tours post-corona infection.

His contact trail is longer than that of Scindia. He has been in touch with Chief Minister Shivraj Singh Chouhan.

Mishra was present during Scindia's meetings with the MLAs and the swearing in ceremony of the MP ministry on July 2.

BJP sources say there is concern over the possible list of people who will be put in isolation to check the spread of the virus.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.