The Supreme Court on Thursday said the Prevention of Terrorism Act case against Raja Bhaiya and his associates cannot be withdrawn by the Mulayam Singh Yadav government without the consent of the central government.
A bench comprising Justice S Rajendra Babu, Justice A R Lakshmanan and Justice G P Mathur said the central government's consent is necessary, as it had legislated the act.
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at the beginning of the hearing, the bench read out a provision of POTA, which specified that POTA charges cannot be withdrawn against any accused without prior consent of the Union government.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.
"The state government has no business at all to withdraw POTA charges," the bench said referring to its recent judgment upholding the constitutional validity of the anti-terrorism law.
The court in its recent judgment 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.
