The Uttar Pradesh assembly on Tuesday witnessed noisy scenes during the question hour as the ruling Bharatiya Janata Party and Samajwadi Party members traded charges over withdrawal of criminal cases by the UP government in the state.
The ruling party members alleged that cases against terrorists were withdrawn during the previous Samajwadi Party regime while the opposition benches trashed the claim, saying cases against "rioters" were withdrawn by the BJP government.
Replying to a question of Bahujan Samaj Party member Shyam Sundar Sharma, Law Minister Brajesh Pathak said that from April, 2017 to July, 2020, as many as 670 cases were withdrawn by the government in 'janhit' (public interest) and "the cases pertain to political leaders and workers".
He said that after the government formation, Chief Minister Yogi Adityanath had announced the decision to withdraw "political cases" in the interest of justice and to reduce the burden of pending cases on the judiciary.
In his supplementary query, the member asked about the political cases and sought a list of all people with their party affiliation whose cases were withdrawn. To this, the minister said that political cases were not denied but those with less serious charges were withdrawn.
Explaining the process of withdrawal of the cases, the minister said, "After an application is made for withdrawal of cases, a 13-point report is sought from the district magistrate concerned and then the committee consisting of principal secretaries of Home and Law departments go through it before a final decision."
He added, "The law does not permit discrimination on basis of parties; it would not be appropriate to take names; if the Speaker permits, I can make the list of the persons whose cases were withdrawn public."
In his reply without taking name of the Samajwadi Party, the minister said that the previous government withdrew cases against the accused involved in serial blasts in Lucknow, Varanasi and Gorakhpur and detained under the Explosives Act and even POTA.
His reaction led to a sharp attack from Leader of Opposition Ram Govind Chaudhary who alleged that the government had taken back cases of their own men. "Even the chief minister has withdrawn his own criminal cases," he said.
"The cases against rioters were withdrawn. Those who orchestrate riots are terrorists," Chaudhary said, alleging that the minister had not responded to the main question. The SP members then trooped into the well of the House, raising slogans against the government.
Pathak said while the first cabinet meeting of the Yogi Adityanath government in 2017 had decided on waiver of crop loans of farmers while the first cabinet headed by Akhilesh Yadav in 2012 had decided on withdrawal of cases against terrorists.
The leader of opposition, taking exception to the comment, said, "The minister should show the relevant file and cabinet note in which the word 'terrorist' is mentioned."
Replying to him, Parliamentary Affairs Minister Suresh Kumar Khanna said that on March 15, 2012, a circular was issued by the then chief secretary seeking details of such cases, terming those lodged in jails as innocent.
Law Minister Pathak said that he had the list of all the persons against whom cases were withdrawn and added that if the speaker permitted, he could make it public.
Speaker Hriday Narayan Dikshit, however, said that "there is no need for this."
Pathak said that his government would continue to withdraw "political cases" in future also in public interest.