The Lucknow Bench of the Allahabad High Court on Wednesday directed the Uttar Pradesh government to file a reply by June 7 on a PIL seeking direction for quashing the order issued by the state for withdrawing cases against persons accused in alleged terror activities.
The order was passed by the bench of Judges Rajeev Sharma and Mahendra Dayal on the PIL filed by local lawyer Ranjana Agnihotri and five others.
The bench directed that the state shall file affidavit of alleged terrorist whose cases were recently withdrawn and whether the consent of the Central Government has been taken or not for the same.
The petitioners have sought direction from the court for quashing the order issued by the state for withdrawing cases against persons accused of alleged terror activities and serial blasts after summoning the original order from the opposite parties.
Ultra vires
The petitioners have also challenged the validity of Section 321 of the CrPC (provision for withdrawing the cases). They prayed for striking down section 321 as ultra vires to Article 14 of the Constitution and also declare it as unconstitutional on the ground that it affects sovereignty, integrity and internal security of the country.
