UP govt cannot withdraw terror cases without Centre's consent: Allahabad HC
The Uttar Pradesh government cannot withdraw prosecution in terror cases under the central acts without the permission of the Centre, the Allahabad High Court held on Thursday.
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 Akhilesh government for withdrawl of cases against people accused of terrorist activities and serial blasts.
"Prosecution under central acts cannot be withdrawn without permission of the central government," the three-judge bench said.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 withdrawl of prosecution shall be necessary," it held.
The bench also said that the prosecution cannot be withdrawn without assigning reason.
"If an application is moved for withdrawl 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.
Men who Akhilesh wants released
AHMED HASAN ( BABU)
On June 21, 2002, the police arrested two alleged Pakistani spies, Ahmed Hasan alias Babu and his neighbour Wasif from near a railway station in Bijnore. The police claimed to have recovered maps indicating movement of the Indian Army.
MAQSOOD, JAVED (GUDDU) & TAJ MOHAMMAD
The police had alleged that they had passed sensitive details regarding the Indian Army to Pakistan, and maps of military installations were recovered from their possessions. The police chargesheeted them under POTA, Section 121 and 21A of the IPC. The case was transferred to the Moradabad court from Rampur after POTA was invoked against them.
On August 13, 2002, the UP Special Task Force arrested Javed alias Guddu, his neighbours Taj Mohammad, Maqsood and Mumtaz Mian from Kashipur area under Ganj police station in Rampur for leaking Indian military secrets to Pakistan. The police said that Javed had visited Pakistan where he had an affair with a girl who was working for the ISI. The police said that information to Pakistan was sent through fax and email. The others allegedly helped Javed in his anti-national activities, the police said.
YAKOOB & NASIR HUSSAIN
The two alleged HuJI militants were arrested from two different localities of Lucknow on June 21, 2007. Residents of Bijnore, Yakoob and Nasir are accused of supplying RDX across the country and were reportedly caught by the police along with explosives. The cases filed against them pertained to waging war against the country and under the Explosives Act.
MOHAMMAD KALEEM & SYED ABDUL MOBEEN
They were booked by the police for their alleged involvement in the blast which took place near Sahkarita Bhawan in Lucknow on August 15, 2000. The police arrested Mohammad Kaleem from Srinagar where he was teaching in a school, while Syed Abdul Mobeen was booked while he was already lodged in a jail in connection with another case.
MUKHTAR HUSSAIN,
MOHAMMAD ALI AKBAR,
AJIJUR REHMAN, NAUSHAD HAFIZ & NOOR ISLAM
The police had arrested Naushad, a resident of Bijnor, along with alleged HuJI area commander Jalaluddin alias Babu Bhai on June 23, 2007. The police claimed that the duo had come from Bengal along with Mukhtar Hussain, Mohammad Ali Akbar and Ajijur Rehman. The police said that while waiting for Naushad and Babu Bhai, the three men got to know of their arrest while watching TV at a tea stall. They went to a place near the SGPGI in Mohanlalganj, Lucknow, and buried 10 hand grenades, 10 detonators and nine rods of explosives at a construction site and returned to Bengal. The police claimed that they arrested the three HuJI operatives from West Bengal with the help of the local police, brought them here, recovered the explosives they had hidden near SGPGI, and booked them under the Explosives Act and the Unlawful Activities Act. The fifth accused, Noor Islam, was arrested in July, 2007 from West Bengal.
IMTIYAZ ALI
He was arrested in September, 2009 for allegedly spying for Pakistan's intelligence agency. The police claimed that he was on the ISI payroll, getting Rs 5,000 per month. The ATS recovered eight SIM cards and documents having details of Indian Army from his possession. He was chargesheeted under various sections of the IPC, including 420, 467, 468, 471, 115.
SHAMIM (SARFARAZ)
A native of Chandauli's Launda village, Shamim is accused of planting a bomb at a public place in Varanasi in 2006. The bomb, which did not explode, was found soon after the twin blasts at Sankatmochan Mandir and Varanasi Cantt Railway Station in which 21 persons died on March 7, 2006. The third bomb was planted near Jamuna Fatak in Godaulia locality under Dasaswamedh police circle.
MOHAMMAD TARIQ QASMI & KHALID MUJAHID
On March 5, 2013, the government issued direction to the Gorakhpur DM to file application in the court for withdrawal of case against alleged HuJI operative Tariq Qasmi in connection with the 2007 serial blasts in Gorakhpur. Six persons were injured in the blast. Lodged in Lucknow District Jail, Tariq faced charges under the Explosives Act, Section 7 of Criminal Law Amendment Act, and attempt to murder. A Unani doctor from Azamgarh, he is married and has four children.
Qasmi is also facing trial in the cases of serial blasts which took place in the courts of Faizabad and Lucknow on November 23, 2007. The state government's plea to withdraw the case is pending in the court. of the case has begun.
Juvenile
A native of Kanpur, he was 15-year-old when the blast took place. The police booked him under the Explosives Act and on charges of attempt to murder, sedition, and waging war against the state. He was arrested by UP's Anti-Terrorist Squad from Mumbai in February 2011.
SITARA BEGUM
She faces charges of waging war against the state and knowingly helping an alleged Pakistani spy who was arrested by UP's Anti-Terrorist Squad from Kanpur's Bithoor area in May 2009.
The police alleged that Sitara had sheltered one Waqas Ahmed of Lahore in her house. Later, Waqas married her daughter Shabana. A native of Khanpur in Auraiya district, Sitara, 50, is currently in Kanpur Jail. The police have booked her under Sections 115, 121 and123 of the IPC.
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