Setback to Uma: Court refuses to withdraw case Monday, August 23 2004 17:11 Hrs (IST)
Hubli:
In a setback to Madhya Pradesh Chief Minister Uma Bharti, the District and Sessions Court in Hubli today (Aug 23, 2004) rejected pleas for withdrawal of case of rioting and attempt to murder against her in the Idgah Maidan controversy.
The Judge D'Cunha disallowed petitions on behalf of the Karnataka Government and Bharti for withdrawal of the case on the ground they were "time barred", R R Patil, Counsel for Bharti told.
The Judge has reverted the case back to the First Class Judicial Magistrate, which meant that the non-bailable warrant issued against her would remain in force.
The case relates to Bharti's attempt to hoist the national flag at the Idgah Maidan in defiance of prohibitory orders on the Independence Day in 1994 that led to communal violence in which five persons were killed and scores injured.
The Karnataka police filed a chargesheet against Bharti and some others under various sections of IPC including attempt to murder.
In 2002 the Karnataka Government decided that the case be withdrawn and the prosecution had filed a petition for the purpose. However, the new Government in Karnataka decided to pursue the case and filed a revision petition before the First Class Judicial Magistrate who said he had no jurisdiction to hear these petitions.
The matter then came to the Additional District and Sessions Judge.