New Delhi: 10 BJP leaders in Uttar Pradesh, including the state minister (independent charge) Kapil Dev Agarwal and Member of Legislative Council (MLC) Ashok Kataria, along with Samajwadi Party MP from Muzaffarnagar, Harendra Malik have got relief from a special MP/MLA court in Muzaffarnagar, which has allowed the Uttar Pradesh government to withdraw a case against them linked to the 2013 Muzaffarnagar communal riots.
Of the 20 accused in this case, the other prominent names include former BJP MLAs Umesh Malik and Ashok Kansal, BJP leader and former Union Minister Sanjeev Balyan, former BJP UP Minister Suresh Rana, former BJP MPs Kunwar Bhartendra Singh and Sohanveer Singh, former BJP Muzaffarnagar district president Yashpal Panwar, and Vishwa Hindu Parishad leader Sadhvi Prachi. Other accused are Kallu, Yogesh, Sachin, Ravindra, Mintu, Shyampal, Bittu, Acharya Deepak Sarsinha alias Deepak Tyagi and Shivkumar.
Noting that withdrawing the prosecution will allow the accused to “serve the public and society with greater dedication”, the special court in Muzaffarnagar has allowed the prosecution to withdraw the case.
“From the observation of the principles given in the above honourable legal system and the facts of the present case, it is known that presently the circumstances have changed and in the present context there is no communal instability in the society. Perusal of the contents of the First Information Report shows that the case in hand was completely motivated by political rivalry and there is no major issue involved in the case in hand,” said the order that was passed on 12 August by Additional Chief Judicial Magistrate and MP-MLA court judge Devendra Kumar Faujdar.
As per the order in the Muzaffarnagar riots case against the leaders, the prosecution filed an application under Section 321 (withdrawal from prosecution) of the Code of Criminal Procedure, on 10 March this year. This application communicated the government’s decision to withdraw prosecution in the case. It also said that the Governor had granted written permission to submit an application to the Court for withdrawal of the prosecution in the case.
The judge noted while allowing the withdrawal that a perusal of the file clearly shows that the “case in question is of a simple nature, filed out of political rivalry and animosity”.
“If consent is granted to withdraw the prosecution against the accused in this case, they will be able to serve the public and society with greater dedication. Withdrawal of the prosecution in the above case will end the dispute and establish a cordial relationship between the parties, thereby necessarily advancing the public interest and the interests of justice,” it observed.
‘In the interest of justice’
The case pertained to an incident dating back to 31 August 2013, alleging that members of the Hindu community had sought permission from the administration to hold a meeting in the school ground in front of Bharatiya Inter College, Nangal Mandoud, but the administration did not grant permission due to the imposition of prohibitory orders under Section 144 of the Code of Criminal Procedure (CrPC) in the district.
However, it was alleged that thousands of people, using tractor-trolleys, cars, motorcycles, and on foot, gathered in the grounds of the Bharatiya Inter College, removing barriers, obstructing the police, and delivering inflammatory speeches that spread hatred against a particular community.
They were facing prosecution for offences under Sections 188 (disobedience to order duly promulgated by public servant), 341 (wrongful restraint) and 353 (assault or criminal force to deter public servant from discharge of his duty) of the The Indian Penal Code (IPC), along with Section 7 (molesting a person to prejudice of employment or business) of Criminal Law Amendment Act.
The prosecution told the court that the incident in question was the result of mob incitement and that the alleged acts committed by the accused were not driven by any personal enmity or motive.
Therefore, they sought permission to withdraw the case, “in public interest and in the interest of justice, considering the nature of the case”, according to the order.
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It vindicates the popular perception that these cases were just ruses by political rivals – especially SP and Congress – to get these MPs/MLAs into trouble.
As it is, the trigger for the riots was the molestation of a girl by youth of another community. Anyone can understand that a thing like this has to be spontaneous – it cannot be ‘organized’ at such short notice.