Holding that allowing the request for withdrawal of a case against Kiranbir Singh Kang,a former MLA,will create a ridiculous situation,a lower Court has dismissed the Punjab governments petition. The state had requested the court to allow withdrawal of prosecution in a murder case pending against Kang. In a strongly worded judgment passed by GK Dhir,District and Sessions Judge (DSJ),Ropar,the court has held that the action of the public prosecutor for withdrawal from prosecution is not bonafide at all. Mincing no words,the court has ruled that the effort to withdraw the charges against Kang has been made immediately after change of government in Punjab. The court reproached the conduct of the public prosecutor and the state in attempting to bypass the process of higher courts,Punjab and Haryana High Court and Supreme Court. The public prosecutor moved the Court on the ground that investigation conducted by the Special Investigation Team (SIT) found that allegations levelled against Kang were found to be false. The incident took place on July 2,2004 when,in a political rally,two persons Harbir Singh and Paramjit Singh were killed in a cross fire by two political parties. Two cross cases were registered against parties in opposition. While one case was registered against Kang,the other was registered against Rajbir Padiala son of Bachhitar Singh,former MLA from Kharar. Showing no conviction in the averment,the Ropar Court ruled,The withdrawal from prosecution in the case before me will not create an atmosphere of goodwill or restore peace and nor the same will help in creating atmosphere free from surcharge or violence,because the occurrence in this case took place for gaining political mileage by one group over the other without caring for the safety of supporters of adversary by both the parties. The ends of justice are not going to be sub served by withdrawal from prosecution because the gainer will be one group over the other.
