Muzaffarnagar Riots: UP Court Drops Case Against BJP Leaders, SP MP

A special MP/MLA court in Muzaffarnagar has permitted the Uttar Pradesh government to withdraw a 2013 communal riots case against 20 accused. The decision relieves 10 BJP leaders and a Samajwadi Party MP.

The key accused include BJP state minister (independent charge) Kapil Dev Agarwal, Member of Legislative Council Ashok Kataria and SP MP from Muzaffarnagar Harendra Malik.

Several other prominent political figures face charges in the case. Former Union minister Sanjeev Balyan, former UP minister Suresh Rana and Vishwa Hindu Parishad leader Sadhvi Prachi are among the accused. Former BJP MLAs Umesh Malik and Ashok Kansal, former BJP MPs Kunwar Bhartendra Singh and Sohanveer Singh and former BJP Muzaffarnagar district president Yashpal Panwar are also named. Other accused are Kallu, Yogesh, Sachin, Ravindra, Mintu, Shyampal, Bittu, Acharya Deepak Sarsinha alias Deepak Tyagi and Shivkumar.

Court Cites Public Interest

Additional Chief Judicial Magistrate Devendra Kumar Faujdar passed the order on August 12. The prosecution applied under Section 321 (withdrawal from prosecution) of the Code of Criminal Procedure on March 10, the order, as reported by The Print, stated. This application included written permission from the Governor to withdraw the prosecution.

Faujdar said that circumstances have changed and there is no longer communal instability in the society. The order stated that the "case in hand was completely motivated by political rivalry and there is no major issue involved in the case in hand".

The court further stated that ending the dispute would establish cordial relations between the parties. "If consent is granted to withdraw the prosecution against the accused in this case, they will be able to serve the public and society with greater dedication."

Details Of 2013 Incident

The case stems from an incident on August 31, 2013 when a large crowd of Hindu community members gathered at the school ground in front of Bharatiya Inter College in Nangal Mandoud. The administration had denied permission for the meeting and imposed prohibitory orders under CrPC Section 144.

Thousands of people, using tractor-trolleys, cars, motorcycles and on foot, allegedly removed police barriers and obstructed officers. The crowd also delivered inflammatory speeches that spread hatred against a particular community. The accused faced charges under Indian Penal Code Sections 188, 341 and 353. They were also charged under Section 7 of the Criminal Law Amendment Act.

The prosecution informed the court that mob incitement triggered the incident. The accused lacked personal enmity, which justified withdrawing the case "in public interest and in the interest of justice, considering the nature of the case.”