SUBHASH YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners describing themselves as Pro-Bono Publico have invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issue of a writ of mandamus to the respondents to call for the records relating to the lis in question and after examining the same, to issue a writ of certiorari for qushment of the Cabinet decision taken on 6-9-2004 by which a decision has been taken for withdrawal of thousands of criminal cases pending in various criminal Courts in the State.

(2.) FILTERING unnecessary details that have been asseverated in the writ petition, the facts which are essential to be exposited for the purpose of disposal of the writ petition are that the petitioner No. 1 is in active politics for a quarter of a century and a Member of Legislative Assembly and presently the State President of Indian National Congress. He had held the office of the Deputy Chief Minister and Cabinet Minister in the State of M.P. for number of years. The petitioner No. 2 is the Chairman of M.P. Legal Cell of Indian National Congress and a nominated member in the Executive Council of Barkatulla University, Bhopal and is an Advocate by profession. It is contended that apart from their involvement in politics, they are also concerned in social activities and have raised various social issues which relate to the collective and the common interest of the society at large.

(3.) THE Directorate of Public Relations has published and circulated the Cabinet decision as per Annexure P1. It is asserted that the decision by the State Government has evoked substantial reaction in the society and every section of the society has nurtured a feeling that politically motivated decision has been taken to protect certain criminals and the same has been reported in the newspapers. A reference has been made to the statement made by the Principal Secretary (Home) of the State of M.P. that law and order situation of the State is suffering adversely and it needs and requires substantial improvement and correction. The Principal Secretary (Home) has emphasised the need of stem action against criminals and anti-social elements and has also emphasised upon the necessity for taking action under the National Security Act and the M.P. Rajya Suraksha Adhiniyam to curb and curtail the rampant growth rate which includes communal riots and other kinds of offences. It is urged that in furtherance of politically motivated action, instructions have been issued to the District Magistrates directing them to prepare list of all cases proposed to be withdrawn by 30th November, 2004 and to grant permission for the same by 20th December, 2004 and to issue necessary directions to the Public Prosecutors to take steps for withdrawal of cases by 30th December, 2004. The said direction has been brought on record as Annexure-P4.