The Supreme Court on Wednesday said that the government itself cannot attract a criminal case and it can be done only after the relevant high court approval.
Chairman of Justice and Ramana and Judge D Y Chandrachud and Surya Kant said if the case with evil intentions was submitted, prosecution in cases could be withdrawn but there must be a judicial mind application.
It is said that the APEX court cannot examine all such cases and the government must approach HC to seek approval to attract cases.
“If the high court is satisfied, it will enable the withdrawal of cases,” Bench said.
Senior Advocate of Vijay Hansaria, who helped the court as Amicus Curiae, gave a court that several countries recently resigned many criminal cases.
He said the Uttar Pradesh government attracted 77 cases related to the 2013 Muzaffarnagar riots from 510 cases registered in five regencies of Meerut Zone against 6,869 accused.
“Government orders do not provide reasons for the withdrawal of cases below the CRPC section Prison for life, “he said.
He said Karnataka last year attracted 62 cases without assigning the same reasons and 36 was withdrawn by Kerala in the past year.
Hansaria believes that the withdrawal of prosecution under the 321 CRPC is permitted in public interest and cannot be done for political considerations.
“Such applications can be made in good faith, for the sake of public policy and justice and not to frustrate or hold legal processes.
Given the abuse of power repeatedly by the state in attracting prosecution of political and foreign considerations.
All cases have been withdrawn after this court order On September 16 last year it could be examined by each high field, “he told the bench.
The government can attract criminal cases only after HC nod, the Supreme Court said
