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State can't withdraw cases against terror accused without Centre's consent: High Court

Dec 13, 2013 15:19 IST

The Allahabad High Court on 12 December 2013 ruled that the Uttar Pradesh government cannot withdraw prosecution in terror cases under the central acts without the permission of the Centre.

The ruling was given by the High Court's Lucknow bench of justices Devi Prasad Singh, Ajai Lamba and Ashok Pal Singh on questions raised by a two-judge division bench on a PIL filed by Ranjana Agnihotri and five other local lawyers.

The PIL had sought a direction for quashing the order of the UP government for withdrawal of cases against people accused of terrorist activities and serial blasts.

The bench stated that since most of the accused were booked under the Central Acts the State government could not withdraw the cases without the Central government’s permission.


Bench stated that: For offences under Unlawful Activities (Prevention) Act, Explosive Substances Act and Arms Act and the offences falling in Chapter VI of IPC or alike offences the executive power of the Union of India extends, hence the permission of the central government with regard to withdrawal of prosecution shall be necessary.

The Samajwadi Party in Uttar Pradesh had in its 2012 election manifesto promised to release innocent Muslims implicated in terror cases.

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