Nagpur: In a recent development, the Nagpur Police have submitted proposals to the High Court seeking permission to withdraw 62 cases, primarily of political and social nature, filed against current and former Members of Parliament (MPs) and Members of Legislative Assembly (MLAs), as well as their supporters.
The proposals were sent through the Law and Judiciary Department, adhering to the established norms. This report aims to provide an overview of the situation, highlighting the details of the cases, the reasons behind the proposals for withdrawal, and the procedures involved.
The cases recommended for withdrawal of prosecution include chargesheets filed until June 2022 against several MLAs and MPs from various political parties. The cases under consideration date back as far as early 2002-2003, demonstrating the span of time covered by this initiative. The majority of the 66 cases revolve around charges related to unlawful assembly during the Covid-19 lockdown and peaceful agitations. However, four cases did not meet the parameters specified for withdrawal of prosecution and were thus not included in the proposals.
According to CP Amitesh Kumar, the State Government issued a circular a few years ago outlining the modalities, parameters, and norms governing the framework for the withdrawal of prosecution cases. Following the guidelines set by the Supreme Court, proposals for cases meeting the criteria outlined in the government circular were submitted to a committee established by the high court. These cases primarily involve political gatherings, peaceful demonstrations, breaches of lockdown restrictions, and similar events, as explained by the top cop.
In addition to the cases involving MPs, MLAs, and their supporters, proposals for the withdrawal of prosecution have also been sent to the judicial magistrate first class (JMFC) for 2,821 cases involving individuals from diverse backgrounds, ranging from politics to social activism. Among these, the JMFC has already approved the proposal for withdrawal in 883 cases, while 1,938 cases are still awaiting a decision.
A committee comprising prosecutors and police officers thoroughly evaluated the 139 proposals and rejected them after considering the nature of the crimes in relation to the parameters outlined in the circular. Cases pertaining to simple breaches of prohibition orders or protocols, non-violent demonstrations, and similar issues that align with the government’s mandate were forwarded to the law and judiciary department for scrutiny before being presented to the courts, according to CP Amitesh Kumar.
The Nagpur Police’s proposals to withdraw 62 cases, mainly of political and social nature, against current and former MPs, MLAs, and their supporters have been submitted to the High Court. These proposals follow the guidelines set by the State Government, as well as the Supreme Court’s directives, to determine cases eligible for withdrawal of prosecution. The initiative aims to address charges related to unlawful assembly during the Covid-19 lockdown and peaceful agitations. Furthermore, numerous cases involving civilians from various backgrounds are also under consideration for withdrawal of prosecution, with decisions pending in a significant number of cases.