UP govt move to withdraw terror cases has little significance: HC

In its order,passed on Tuesday,a division bench of Chief Justice Shiva Kirti Singh and Justice Dilip Gupta said: “The decision of the state government does not carry much significance because it is ultimately the criminal court concerned which has to consider the application for withdrawal of criminal prosecution in accordance with Section 321 of the Code of Criminal Procedure.”

The court noted that,as pointed out by the petitioner himself,a Barabanki court had on May 10 rejected the application for withdrawal of prosecution in the case of Tariq Qasmi,an accused in the November 2007 blasts in Faizabad and Lucknow courts.

The court said: “This court (had) dismissed a similar writ petition by placing faith upon the concerned criminal courts that it shall exercise its power carefully and in accordance with law.that faith has not been shaken.”

The court further said: “We are not concerned with the outcome of the withdrawal application filed in different courts but the emphasis is upon allowing the usual law of the land,such as CrPC,governing criminal matters to take its own course without being influenced by the superior courts in any matter. The decision of the state government in this context does not carry much significance.”