New Delhi: The Supreme Court today (Dec 18, 2003) made it clear that the POTA (Prevention of Terrorism Act) case against notorious criminal Raja Bhaiya and his associates cannot be withdrawn by the Mulayam Singh Yadav Government without the consent of the Central Government, which had legislated the anti-terrorism law.

A Bench comprising Justice S Rajendra Babu, Justice A R Lakshmanan and Justice G P Mathur adjourned the hearing on a petition charging the Uttar Pradesh Government's decision to withdraw POTA charges against the three accused, saying until and unless Central Government's consent was obtained for the withdrawal the POTA charges the case against Raja Bhaiya cannot be withdrawn.

The petition filed by witnesses in certain criminal cases filed against Raja Bhaiya, his father and a relative, had alleged that if Raja Bhaiya was released from the jail after the withdrawal of POTA charges, their life and liberty would be in jeopardy.

Right at the beginning of the hearing, the Bench read out a provision of POTA which specified that POTA charges cannot be withdrawn against any accused without prior consent of the Union Government.

Then Chief Minister Mayawati had invoked POTA charges against Raja Bhaiya and others in May this year.

However, immediately after Samajwadi Party chief Mulayam Singh Yadav took over as Chief Minister of Uttar Pradesh in September this year, the State Government directed the public prosecutor to withdraw the stringent charges.

Referring to the provision of POTA on prior consent of Union Government, the Bench said that the direction of the Uttar Pradesh Government to withdraw POTA charges "is a futile exercise".

The State Government, through senior advocate Ram Jethmalani, conceded that a trial court cannot order withdrawal of the POTA charges against Raja Bhaiya and others unless the State produced the consent of the Central Government in this regard.

The Bench said the trial court could not act on the application filed by the public prosecutor as the same was not accompanied by the Central Government's consent.

"State Government has no business at all to withdraw POTA charges," the Bench said referring to its recent judgement upholding the Constitutional validity of the anti-terrorism law.

The court in its recent judgement had ruled that Parliament alone was competent to frame anti-terrorism laws like POTA and the State Legislatures could not frame such a law in view of the widespread nature of the menace of terrorism.

The Bench directed the matter to be listed for hearing after the vacation as and when the State Government obtains the Centre's consent for withdrawal of POTA charges against Raja Bhaiya and others.

PTI

Related Links
SC upholds validity of POTA