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Court rejects UP govt's plea to withdraw terror cases
5/10/2013 9:45:47 PM
Agencies

LUCKNOW, May 10 : A local court in Barabanki has turned down request of the Samajwadi Party (SP) government in Uttar Pradesh (UP) to withdraw terror cases against two terror accused alleged to be Harkat-ul-Jihad-al-Islami (HuJI) operatives. The court said that the trial is inching towards the end, hence withdrawal of cases at this point of time is not feasible. The court further added that the withdrawal of cases is not in public interest.
Special sessions judge Kalpana Mishra rejected the application moved by the government on April 24 to withdraw cases against Tariq Kasmi and Khalid Mujahid, who are accused in the Gorakhpur serial blasts case.
The state government had filed an application in the court expressing its willingness to withdraw the cases against the two accused in Gorakhpur serial blast case. The blast took place in May 2007 at Golghar crossing through a bomb planted in a cycle. Six persons were injured in the blast.
The Special Task Force of UP Police had arrested the two alleged HuJI operatives from near Barabanki railway station with explosives. They are facing charges under the Explosives Act, 7 Criminal Law Amendment Act, and attempt to murder.
The government told the court in its application that the Nimesh Commission constituted by it has found anomalies in the arrest.
The government also said that it had got the matter probed again by the district magistrate and superintendent of police of Gorakhpur.
The report submitted by the officials has also raised questions over the timing and place of arrest. The government also said that it wanted to withdraw the case in public interest and for the sake of communal harmony.
However, the court refused to buy the argument. The court said that the government did not file an affidavit with the application and despite being a confidential document, it was given openly instead of in a sealed envelop.
The court also said that the government has not elaborated the point that how withdrawal of cases are in public interest and necessary for communal harmony.
The SP had also promised in its election manifesto that if voted to power, it will withdraw cases against Muslim youth falsely implicated in terror charges.
Apart from several social activists, Qasmi's family had requested the state government to withdraw the case against him, alleging that he had been falsely implicated.
The opposition parties had criticized the decision saying that dropping of case against Qasim is a blatant example of Muslim appeasement.
The SP, however, had justified the decision saying that the government is providing justice.
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