UP unilaterally withdrew POTA against Raja Bhaiya: Centre

Expressing doubts over the manner in which the Mulayam Singh Yadav government withdrew POTA case against Raghuraj Pratap Singh alias Raja Bhaiya, the Centre on Wednesday told the Supreme Court that it has not given any such permission to the state government as required under law.

The Union home ministry stated this in its affidavit filed before the Supreme Court in a case where a petition challenged the action of the Samajwadi Party government in Uttar Pradesh to withdraw POTA case, which was slapped on the MLA at a time when Mayawati was the chief minister.

Yadav, right from the day of taking up the reins of power in the state, had stated that his government would withdraw the POTA case against Raja Bhaiya, who was recently made a minister in his Cabinet.

Referring to the prosecution of Raja Bhiaya, his father Uday Pratap Singh and cousin Akshay Pratap Singh, the Centre said that "the state government has not sent to the Union ministry of home affairs any specific proposal for seeking prior permission of the central government for withdrawal of the cases against the respondents."

"The cases of Raghuraj Pratap Singh, Uday Pratap Singh and Akshay Pratap Singh are before the central POTA review committee and its directions are also binding on the central government," it said. The home ministry also mentioned the provisions of law in relation to withdrawal of the cases filed under the central anti-terrorism law POTA in the affidavit.

Referring to Section 321 of the Criminal Procedure Code, the home ministry said for withdrawal of any case instituted by the state governments under a centrally-enacted law, the concerned public prosecutor "shall not, unless he had been permitted by the central government to do so, move the court for its consent to withdraw from the prosecution".

"The ministry of home affairs has not received any specific proposal from the state government of Uttar Pradesh for seeking prior permission of the central government under Section 321 of the Cr.PC for the withdrawal of the cases against Raja Bhaiya, Uday Pratap Singh and Akshay Pratap Aingh," it said.

"The state government ought to have made a clear recommendation to the central government after studying the facts and circumstances leading to the prosecution of Raghuraj Pratap Singh and two others to enable the central government to decide about exercising powers under provision to Section 321 of the Cr.PC," the affidavit said.

The petition, filed by certain witnesses in cases against Raja Bhaiya, had given details of the criminal records of the respondents and said that the Mayawati government had on May 5 last year ordered registration of POTA cases against them. They had alleged that the change of government in Uttar Pradesh has resulted in the move to withdraw POTA cases against the accused.