Bodies formed for withdrawing politically motivated cases

The government has formed committees at the district and ministry levels to recommend the withdrawal of harassment cases filed against political leaders, activists, and innocent individuals due to political vendettas or other reasons.

According to a circular issued today (22 September) by the Public Security Division, the district magistrate and additional district magistrate have been appointed as the chair and member secretary, respectively, of the district-level committee.

The other members of the committee include the superintendent of police and the public prosecutor, while in metropolitan areas, a deputy commissioner of police and the metropolitan public prosecutor have been appointed.

Additionally, the law, justice, and parliamentary affairs adviser has been made chair of the ministry-level committee.

Its members include the senior secretary, additional secretary (law and order), and joint secretary (law) from the Public Security Division, along with a representative from the law, justice, and parliamentary affairs ministry (not below the rank of joint secretary).

A deputy secretary, a senior assistant secretary, or an assistant secretary from the legal wing of the Public Security Division will serve as the member secretary of the committee.

The district-level committee will submit recommendations for withdrawing politically motivated cases to the district magistrate by 31 December. The magistrate will then forward these recommendations to the public prosecutor or metropolitan public prosecutor within seven business days for a legal opinion.

The public prosecutor must return their opinion to the district magistrate within 15 working days. Upon receiving the opinion, the district magistrate will present the application to the district committee within seven working days.

The district magistrate will then send the recommendation, along with the FIR, charge sheet, and necessary information, to the Ministry of Home Affairs within 45 working days, following a specified format.

Subsequently, the ministry-level committee will review the recommendations from the district committees, identify cases eligible for withdrawal, and prepare a list accordingly.

The circular further stated that cases falling under the Anti-Corruption Commission Act, 2004 cannot be withdrawn without a written directive from the commission, as per Section 10(4) of the Criminal Law Amendment Act, 1958.

"These cases will be flagged and listed separately, with further actions to be determined at a later stage."