Election Commission issues notice to Kerala Government over announcement on withdrawal of anti-CAA protest cases

The commission will look at whether the State Government has violated the Model Code of Conduct that came into force at 3 p.m. on March 14

The Election Commission issued a notice to the State Government through the Chief Electoral Officer, Kerala, on March 27, 2024.

The Election Commission (EC) has issued a notice to the State Government on the Chief Minister’s public announcement to withdraw the cases booked in connection with the anti-Citizenship (Amendment) Act (CAA) protests in Kerala.

The commission issued a notice to the State Government through the Chief Electoral Officer, Kerala, on Wednesday. The Chief Secretary has been asked to furnish a reply immediately. The State is expected to file its reply on March 30 when the government offices resume work after the holidays, according to sources.

The anti-CAA protests and the booking of criminal cases against those involved in them had emerged as a socially and communally sensitive issue. Various Muslim organisations had repeatedly demanded the withdrawal of cases, which saw a large number of Muslims being arraigned as accused.

BJP version

BJP State president K. Surendran gave a political twist to the issue by alleging that the decision to withdraw the cases was taken to appease a particular community and garner votes by creating communal polarisation. Mr. Surendran had also sought the intervention of the EC in the issue.

The commission would look at whether the State Government had violated the code of conduct that came into force at 3 p.m. on March 14 when the Election Commission announced the schedule for the 2024 general election. The government may have to recall the decision to withdraw the cases if the commission concludes that the announcement was made in violation of the poll code, sources said.

Cases withdrawn

Chief Minister Pinarayi Vijayan announced last week that 629 of the 835 anti-CAA protest cases had been withdrawn from the trial courts in the State. The State Government expressed its willingness to withdraw 84 of the 206 cases that were under the consideration of the courts. The trial courts would decide on the plea to withdraw the cases, he said.

The accused in such cases will have to move the government to withdraw the cases. The cases involving serious offences will not be withdrawn, according to Mr. Vijayan.