JAMMU, JANUARY 30: Chief Judicial Magistrate, Jammu, Jang Bahadur Singh Jamwal, has allowed the application of the State seeking withdrawal of the case against Maulana Masood Azhar, a Pakistani national, who was released in lieu of the passengers of the hijacked Indian Airlines plane on December 31, 1999.The application of the prosecution was pending in the court of First Additional Munsiff Bala Jyoti since January 1, 2000. The prosecution later approached the court of CJM, who summoned the record from the court concerned. The court of first additional munsiff had asked the prosecution to satisfy the court as to whether such a permission can be granted when the accused had already been let off.In a significant order, the chief judicial magistrate observed that it is only the public prosecutor, who is in charge of the case, who has powers to move an application for withdrawal of the case. It is for the State to decide whether certain persons are to be prosecuted or not. He observed that withdrawal of thecase was in public interest because it is already known that the accused, Maulana Masood Azhar, was exchanged for securing the release of 155 hostages who were travelling in the hijacked IA plane.``The interest of the nation is the prime consideration for all of us. The country comes first and other interests later. The decision was taken to release Masood in exchange for the lives of the 155 people, and the same has been justified by the elected representatives of the people,'' he remarked.The court said that it was satisfied that the decision was taken in public interest, and as such granted permission for withdrawal of the case against Azhar and discharged him from the case titled State versus Qudrat Ullah and others, in which Maulana Azhar was one of the accused.Meanwhile, the court has also rejected the application filed by H C Jhelmeria, advocate, seeking its intervention in the matter of the withdrawal of the case. The court observed that Jhelmeria did not appear and secondly the application wasmoved in a ``vague manner''.
