After Bihar and Assam, Maharashtra will also withdraw all the cases registered against the protestors during the recent student agitation across the state over the NEET paper leak.
Chief Minister Devendra Fadnavis on Tuesday directed the State Home Department to withdraw all cases.
In a statement, Maharashtra Chief Minister’s Office (CMO) said, “Chief Minister Devendra Fadnavis has directed the Home Department to withdraw the cases registered during the students’ protest in Maharashtra.”
Earlier today, the Supreme Court ordered the release of all the arrested or detained students, having no criminal records, during the recent nationwide protests. The court also hinted that an independent SIT investigation may also be required to probe allegations of violence involving both protesters and police personnel.
The court ordered the release while hearing a batch of petitions alleging police brutality during protests over examination-related issues, including the NEET paper leak.
In the direction of safeguarding the rights of the students and ensuring preservation of the evidence, a Supreme Court bench of Chief Justice of India (CJI) Surya Kant, Justices Joymalya Bagchi and V Mohana passed a series of interim directions.
Assam, Bihar announce to withdraw cases
Before Maharashtra, BJP-ruled Assam and Bihar governments also announced a similar decision after Cockroach Janta Party (CJP), which spearheaded the protests at Jantar Mantar, warned of renewed agitation if legal action against students and demonstrators was not stopped.
In Assam, five cases have been filed, and at least 13 people have been arrested.
Withdrawal to take time
While the announcements have been made, the process may take time. The time to retract cases depends on the stage of investigation. According to a report by The Indian Express, after an FIR, police have to investigate the case and file either a chargesheet or a final closure report recommending that no case be pursued.
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), police can pursue case closure on the basis of insufficient evidence before a competent court, which eventually decides whether to accept the closure report or not.
In case a chargesheet has already been filed, the withdrawal requires a procedure using Section 360 of BNSS.
In Maharashtra, the closure could be more complicated as the report cites past cases where it was far from being immediate. As per the Government Resolution (GR), the cases are withdrawn based on several conditions, including damage to public or private protest not exceeding Rs 5 lakh.