Chakshu Roy

The law and short of it


Chakshu Roy

‘Maya ministers told courts to drop cases’

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Criminal cases against Swami Prasad Maurya, Badshah Singh, Ramveer Upadhyaya, Awadhpal Singh, Jaiveer Singh, all ministers in the previous government, and BSP MPs and MLAs were withdrawn between 2007 and 2011 when Mayawati was in power, according to information submitted by the government in the Allahabad High Court. Interestingly, the accused themselves recommended withdrawal of most cases.

The court is hearing a PIL filed by Ghanshyam Tripathi, challenging a government order of November 10, 2009, allowing withdrawal of cases against one Amir Chand Patel of Varanasi, on the recommendation of MLA C L Prasad. The HC had stayed the order on November 21, 2009. Subsequently, it decided to treat the petition as a criminal PIL and directed the state government to explain the criteria adopted for withdrawal of prosecution.

According to details submitted by the government:

Maurya got a case registered in Pratapgarh in 1995 withdrawn from the court. The case pertained to rioting, obstructing public servants in discharge of duty, assault to commit theft of property, besides Section 7 of the Criminal Law Amendment Act.

Badshah got two cases against him closed. One was an Arms Act case registered in 1995 in Mahoba. The other pertained to rioting and obstruction to lawful apprehension of a person.

Awadhpal got a 2005 case of kidnapping, wrongful restraint and wrongful restraint for extracting confession withdrawn.

Upadhyaya got two cases, pertaining to rioting, causing injury and criminal intimidation registered in 2003, in Meerut, closed.

Jaiveer got a 1989 case of criminal assault closed.

MPs Brijesh Pathak, Tabassum Hasan and Lal Mani Prasad recommended withdrawal of prosecution in their own cases and the court accepted. At least two MLAs recommended withdrawal of prosecution cases registered against them.

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