THE AURANGABAD bench of the Bombay High Court recently directed the Maharashtra government to take “prompt action in right perspective at the earliest” on implementing its policy decision to withdraw criminal cases pending against farmers and social activists across state, which were filed in course of various agitations or demonstrations. The HC was hearing a PIL, filed by an advocate, which claimed that despite various resolutions being issued from time to time since 2016 to withdraw cases in which there was no loss of life and no loss of public and private property of more than Rs 5 lakh, the same were not implemented.ba The court passed directions to the state government and subordinate courts, including making pleas to withdraw and decide applications and asked the government to file an affidavit pertaining to pending cases by June 15. A division bench of Justice R D Dhanuka and Justice S G Mehare last month was hearing PIL by lawyer Ajit Babanrao Kale seeking order and direction against the respondent authorities to implement the policy decision and the GR of March 14, 2016. The PIL also sought direction to withdraw the criminal cases pending against the protesting farmers or social activists across the state. Kale said that various resolutions were passed from time to time proposing to withdraw criminal proceedings against farmers and social activists, but they are not implemented in the right perspective. Government pleader D R Kale submitted a chart and a covering letter of September, last year to submit that a high-level committee has taken decision in some of the cases to implement those resolutions in right perspective. However, during pandemic, all the pending proposals could not be decided. According to the chart, at least in 314 cases, the committee has already decided to withdraw prosecution. The state lawyer said that though applications are filed before court dealing with pending cases which are agreed to be withdrawn, they are not being heard. The High Court directed state to file applications within two weeks for withdrawal of prosecution in those pending cases, which are already agreed to be withdrawn as recommended by the committee. The bench also asked the subordinate courts in Maharashtra to give priority to applications for withdrawal filed before it and dispose of them within two weeks from date of filing of such pleas by state government. It added that a list of those applications, which are pending before Aurangabad Bench of the HC shall be given to its registry and the HC benches are requested to pass directions in the same. The court also asked the state government to file an affidavit in other cases pending for consideration before the committee and shall expedite those cases and submit a report by June 15, when the HC will pass further directions based on the progress in implementing resolutions. “It is made clear that the process of implementing the resolutions shall not be stopped by the committee and shall take prompt action at the earliest during the pendency of this petition,” the bench said, and posted further hearing to June 20.
