New Delhi: An issue that whether State Government of Uttar Pradesh- UP, led by Mr. Akhilesh Yadav, is really involved in withdrawing the Criminal Cases against the ‘Yadav’ Community, has been agreed by the honourable Apex Court of India to determine.
The notices in furtherance of such matter of appeal preferred by the State Government of UP, were issued by the Bench of Top Court, headed by Justice A. K. Sikri.
In the challenge against the decision of the High Court of Allahabad Judicature, the concerned State Government had preferred present appeal before the honourable Supreme Court of India. In its decision in the matter, the High Court of Allahabad had issued directions against the State Government of UP requiring it to adduce details of all Criminal cases booked in the last three years, where Yadav Community members were involved and in which prosecutions thereof were withdrawn from Courts of Law. In the decision of the High Court concerned, it had observed that the concerned State Government was withdrawing criminal prosecution by keeping in mind the ‘class consideration’.
In an appeal, the Supreme Court while admitting the same, said that it will examine the issue that whether the concerned State Government is really involving in withdrawing the criminal cases pending against the Yadav Community in the State of Uttar Pradesh, and also in the meantime, the Top Court has stayed the operation of the decisions of the High Court of Allahabad.
It was alleged against the Samajwadi Party’s Government in the State of Uttar Pradesh that, after the said Government came in power, it had started withdrawing criminal cases against ‘Yadav’ community.
While challenging the decision of the Allahabad High Court, the State Government had found erroneously indicating themselves favouring a particular class being ‘Yadav’ community and also it was stated on behalf of the State Government that the decision of withdrawing Criminal Cases was within the scope of powers of Executive organ of the state.
As such now the Bench being Vacation Bench of Supreme Court also comprising of Justice U. U. Lalit, has granted interim relief in favour of the Mr. Yadav’s led Government of State of UP by way of staying effect of High Court of Allahabad’s decision.
The matter of State’s empowerment in relation to withdrawing criminal cases, is covered under the Code of Criminal Procedure, as pleaded by Senior Advocate, Vijay Bahadur Singh, while representing State Government of UP.
by Faim Khalilkhan Pathan.