The Rule Of Law
The flawed decision by the Government to withdraw criminal cases against politicians must be strongly condemned because with a change of Government the justice delivery system cannot be selectively aborted and derailed. Nobody is above the law and as any other aam aadmi, those politicians booked for allegedly violating the law should prove their innocence by facing the trial in the Court of law.
Manohar Parrikar while Leader of Opposition had been very critical on such withdrawal of cases against politicians. Sadly this Government is consistently deviating from its promise of a clean and transparent administration. Withdrawal of criminal cases by the Government would affect the process of justice. Administration of justice and enforcement of the law cannot be deviated by politicians to save themselves from facing the law.
Section 321 of the Criminal Procedure Court provides that the Public Prosecutor, with the consent of the court, can withdraw any case. The need for any such withdrawal must be based on a transparent criteria and not at the whims and fancies of the ruling party politicians. Withdrawal of cases under political pressure would erode the criminal justice system.
The Prosecution is an inalienable process to address violations of law and the politicians cannot show indifference towards this established process of law. One wonders whether Chief Minister Manohar Parrikar gave Director of Prosecution Shobha Dhumaskar an extension, to use her to get all the criminal cases against the ruling party leaders withdrawn. Shobha Dhumaskar is herself being criminally investigated by the Anti-Corruption Branch and that could make her pliable in the hands of ruling party politicians, thus repeating what she had done by recommending the closure of the accident case against the son of former IGP KD.Singh.
Is it also just a coincidence that the Manohar Parrikar before directing the withdrawal of criminal cases against the politicians had approved a very handsome pay hike for the Director of Prosecution and also enhanced the salaries of the Public Prosecutors and Assistant Public Prosecutors?