The Uttar Pradesh government, in a letter written to the District Magistrate of Gorakhpur on 20 December, has ordered that a 22-year-old case against incumbent Chief Minister Yogi Adityanath be withdrawn, reported The Indian Express on Wednesday, 27 December.
The case, which was lodged on 27 May 1995 at the Pipiganj police station in Gorakhpur, names Adityanath along with Union Minister of State for Finance Shiv Pratap Shukla, BJP MLA from Sahajanwa (Gorakhpur) Sheetal Pandey and ten others. The case was filed under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code and all of them were booked for the violation of prohibitory orders.
NBWs Were Issued Against Accused Around 2 Years Back
In the letter to the district magistrate, the UP government stated that an application should be filed in the court for withdrawal of the case. The government added that the decision to withdraw the case was taken on the basis of the district magistrate's letter, which was received on 27 October, and after examining the facts of the case, the newspaper further reported.
Regarding the withdrawal order by the government, Gorakhpur Additional District Magistrate Rajneesh Chandra was quoted by the Indian Express as saying:
The Prosecution Officer has been asked to file the withdrawal application in the appropriate court. Apart from the CM, the letter also has names of Union Minister Shiv Pratap Shukla and MLA Sheetal Pandey.Rajneesh Chandra, Gorakhpur Additional District Magistrate
Notably, according to Gorakhpur Prosecution Officer BD Mishra, the court which was hearing the Pipiganj case had even ordered the issuance of non-bailable warrants (NBWs) against the accused around two years back, after there was no response to the summons issued to them.
The court had ordered NBWs against all named but the warrants were not issued then.BD Mishra, Gorakhpur Prosecution Officer
Mishra also confirmed receiving the state government's letter, and said that the withdrawal application will be moved in the court post winter vacation.
I Do Not Recall the Meeting: Shiv Pratap Shukla
Reacting to the whole incident, Shiv Pratap Shukla said:
I do not recall the meeting. The matter is 22 years old. I am not aware about any case or NBW against me.Shiv Pratap Shukla
Interestingly, a day after the government's order, the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Bill 2017, was tabled in the state legislature on 21 December.
The amendment, according to Adityanath, was formulated to do away with the various "politically motivated" cases that were filed just for "dharna pradarshan" (demonstrations).
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