In a significant move, the Aam Admi Party (AAP) Government in Delhi is in the process of withdrawing criminal cases pending in different courts against Chief Minister Arvind Kejriwal, Deputy CM Manish Sisodia, Tourism Minister Kapil Mishra, former social welfare Minister Rakhi Birlan, leader of Opposition Vijendra Gupta, BJP MPs Vijay Goel, Parvesh Verma and former Congress MlA Mukesh Sharma.
A highly placed source said a high-level committee comprising Director of Prosecution Pankaj Sanghi, home secretary SN Sahay, law secretary R Kirannath and senior officers of the Delhi Police officials on Friday decided to withdraw cases pending against seven politicians.
The recommendations of the committee for withdrawal of the 35 cases would be reportedly put up for approval before lieutenant Governor Najeeb Jung. Once the l-G gives his approval, then only the Government would be able to move the application for withdrawal of these cases pending before city courts. Now all eyes are going to be on the l-G.
According to sources, of about 50 cases put up for consideration, the committee recommended withdrawal of 35 criminal cases pending against these politicians in various courts.
The committee is said to have recommended the withdrawal of those cases pending against in which the politicians had been booked for launching agitations over issues concerning the city. The committee has, however, not reportedly recommend withdrawal of those cases in which these politicians had been booked for obstructing public servants from performing their duties.
The most important cases recommended for withdrawal are the one’s which had been registered against Kejriwal and his team when he held a dharna outside the Rail Bhawan seeking action against police officers for not acting against South African citizens in Khirki Village way back in 2013.
The committee has also recommended withdrawal of cases against the AAP leaders which had been filed while they had been agitating during their India Against Corruption movement in the city.
Under Section 321 of the Criminal Procedure Code (CrPC), the public prosecutor, with the consent of the court, can withdraw from the prosecution of any person at any time before the judgment is pronounced for certain offences and the l-G enjoys special powers to direct the prosecution to withdraw a case.
Sources said the Harshvardhan’s case which was withdrawn last year under President’s Rule was based on deciding these 35 cases. This is not the first time that cases against politicians have been recommended for withdrawal. During the Congress regime, cases against BJP leaders and Congress leaders, including veteran leader Narain Dutt Tiwari and Arjun Singh, were withdrawn as they were political in nature.
The l-G had in 2006 ordered the withdrawal of court cases against 16 then BJP MlAs, including Jagdish Mukhi, Harsh Vardhan, Karan Singh Tanwar, Shahib Singh Chauhan, Sudhil Chaudhary and Vijay Jolly who had been booked for breaching Section 144 of the CrPc.