'Court should not have consented case withdrawal'

Courts should not have given consent to withdrawal of 142 cases, former Lokayukta Justice Santosh Hegde has said.

“The government’s decision to withdraw 142 cases is a violation of Section 321 of the Criminal Procedure Code (CrPC). Under CrPC Section 321, a public prosecutor or assistant public prosecutor, who is in charge of a case with consent of the court can withdraw from prosecution,” Justice Hegde said, when contacted by DH.

Government role

“The decision is against the individual right, which has been violated. Why was the chargesheet filed in such cases?” he asked and added that the government’s responsibility is not just to conduct prosecution of criminal cases filed in the concerned courts.

“It includes punishment to those who had caused the injustice,” he clarified.

“It is the courts and not the government that delivers the punishment. This just proves that political parties, even in other states too will do anything for elections and votes. The acts framed to ensured peace in society is being abused for personal gain,” the former Lokayukta said with disappointment.

Withdrawing cases is also a clear case of abuse of power, he said and added that the complainants could appeal against the government’s order in the High Court.

‘Happy with move’

Sayyed Pokunhi Thangal, 30, of Karai near Uppinangady, when contacted, said that he was happy that as many as 21 cases filed on him and others had been withdrawn.

“We are innocent and had no connection with the communal clash,” he stressed.

Jayaram Acharya, 45, who is facing charges of rioting and robbery in the same incident, said that their names were still not been dropped from the Uppinangady police station rowdy list.

“The same government that foisted false cases on us has withdrawn it,” Acharya pointed out.