Skip to main content
Sabrang
Sabrang
Communalism Politics

UP govt withdraws cases against BJP leaders accused in 2013 Muzaffarnagar riots

The decision was taken by the government in December 2020 and the trial court has accepted the application, thus effecting the withdrawal

Sabrangindia 30 Mar 2021

Muzaffarnagar riots case

A court in Muzaffarnagar has allowed withdrawal of cases against BJP leaders like Uttar Pradesh minister Suresh Rana, MLA Sangit Som, former MP Bhartendu Singh and Vishva Hindu Parishad (VHP) leader Sadhvi Prachi, in connection with the 2013 Muzaffarnagar riots case, reported The Wire. Over 60 people died and around 40,000 were displaced in the violence. After the incident, arrests were made and the National Security Act (NSA) was also invoked. However, later on, the NSA advisory board had revoked the charges against them and bail was granted.

Sessions Judge, special court, Ram Sudh Singh allowed the application made by the government for withdrawal of the cases in which the accused were booked for violating prohibitory orders, deterring public servants from discharging their duties and wrongful restraint. The cases were registered after complaint that the accused participated in a mahapanchayat, organised by members of the Jat community to discuss the issue of two Hindu men having been lynched by a Muslim mob soon after they had killed a Muslim youth. The speeches, allegedly, incited violence which led to the Muzaffarnagar riots.

The application made by the Yogi Adityanath led UP government filed the application stating that it has been decided to not proceed with the cases against the BJP leaders in public interest and hence, the same should be allowed to be withdrawn by the court. The said decision was made in December 2020.

Earlier this month, a court in Muzaffarnagar accepted the closure report filed by Special Investigation Team (SIT) with respect to BJP MLA Sangeet Som’s controversial statement with respect to an inflammatory video ahead of the communal riots in the area, in 2013. 

When similar attempts were made by the BJP government in Karnataka to withdraw 21 cases involving communal violence, and violence in the course of cow protection, the Karnataka High Court had observed, “No Court is bound by such a decision taken to withdraw from the prosecution. Even if an application is made under Section 321 of Cr.P.C, the Courts are duty bound to assess whether prima facie case is made out or not and that the Court has power to reject the prayer.”

The court had also cited the Supreme Court precedent in SK Shukla and ors v. state of UP and ors, where the apex court had stated that “even if Government instructs to the Public Prosecutor to withdraw from the prosecution of a case, the latter after applying his mind to the facts of the case may either agree with the instructions and file a petition before the Court stating grounds of withdrawal or disagree therewith having found a good case for prosecution and refuse to file the withdrawal petition”. The court further stated that the prosecutor cannot act like a post box or act on the dictates of the government and has to act objectively as an officer of the court.

Related:

Muzaffarnagar riots: Case closed against BJP MLA accused of circulating inflammatory video

Bhainsa communal riots triggered by Hindu Vahini: IGP Nagi Reddy

Delhi violence: Court questions credibility of police witness, grants bail to accused

UP govt withdraws cases against BJP leaders accused in 2013 Muzaffarnagar riots

The decision was taken by the government in December 2020 and the trial court has accepted the application, thus effecting the withdrawal

Muzaffarnagar riots case

A court in Muzaffarnagar has allowed withdrawal of cases against BJP leaders like Uttar Pradesh minister Suresh Rana, MLA Sangit Som, former MP Bhartendu Singh and Vishva Hindu Parishad (VHP) leader Sadhvi Prachi, in connection with the 2013 Muzaffarnagar riots case, reported The Wire. Over 60 people died and around 40,000 were displaced in the violence. After the incident, arrests were made and the National Security Act (NSA) was also invoked. However, later on, the NSA advisory board had revoked the charges against them and bail was granted.

Sessions Judge, special court, Ram Sudh Singh allowed the application made by the government for withdrawal of the cases in which the accused were booked for violating prohibitory orders, deterring public servants from discharging their duties and wrongful restraint. The cases were registered after complaint that the accused participated in a mahapanchayat, organised by members of the Jat community to discuss the issue of two Hindu men having been lynched by a Muslim mob soon after they had killed a Muslim youth. The speeches, allegedly, incited violence which led to the Muzaffarnagar riots.

The application made by the Yogi Adityanath led UP government filed the application stating that it has been decided to not proceed with the cases against the BJP leaders in public interest and hence, the same should be allowed to be withdrawn by the court. The said decision was made in December 2020.

Earlier this month, a court in Muzaffarnagar accepted the closure report filed by Special Investigation Team (SIT) with respect to BJP MLA Sangeet Som’s controversial statement with respect to an inflammatory video ahead of the communal riots in the area, in 2013. 

When similar attempts were made by the BJP government in Karnataka to withdraw 21 cases involving communal violence, and violence in the course of cow protection, the Karnataka High Court had observed, “No Court is bound by such a decision taken to withdraw from the prosecution. Even if an application is made under Section 321 of Cr.P.C, the Courts are duty bound to assess whether prima facie case is made out or not and that the Court has power to reject the prayer.”

The court had also cited the Supreme Court precedent in SK Shukla and ors v. state of UP and ors, where the apex court had stated that “even if Government instructs to the Public Prosecutor to withdraw from the prosecution of a case, the latter after applying his mind to the facts of the case may either agree with the instructions and file a petition before the Court stating grounds of withdrawal or disagree therewith having found a good case for prosecution and refuse to file the withdrawal petition”. The court further stated that the prosecutor cannot act like a post box or act on the dictates of the government and has to act objectively as an officer of the court.

Related:

Muzaffarnagar riots: Case closed against BJP MLA accused of circulating inflammatory video

Bhainsa communal riots triggered by Hindu Vahini: IGP Nagi Reddy

Delhi violence: Court questions credibility of police witness, grants bail to accused

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Videos

India

Kashmiri Pandit Protest continues for seventh day

Multiple Protests continue, for more than seven days, over Kashmiri Pandit employee Rahul Bhat’s murder in the Valley. Supported by Kashmiri Muslims and Kashmiri Sikhs, the protestors have come forward to accuse the BJP led administration of sending people, who are desperate for jobs, in risky areas with no security and a meagre salary.

India

Kashmiri Pandit Protest continues for seventh day

Multiple Protests continue, for more than seven days, over Kashmiri Pandit employee Rahul Bhat’s murder in the Valley. Supported by Kashmiri Muslims and Kashmiri Sikhs, the protestors have come forward to accuse the BJP led administration of sending people, who are desperate for jobs, in risky areas with no security and a meagre salary.

IN FACT

Analysis

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Archives