State move to drop Nandigram cases irks CPM

KOLKATA: CPM state secretary Biman Bose on Thursday criticised the move of the state government's move to withdraw cases in which Trinamool supporters had been implicated during the Singur and Nandigram agitations. Speaking at the CPM party Congress in Kozikhode, he said if this happened no administration could work impartially and the democratic rights of people would be under attack."This effort will only legalise crime," he said.
Surjya Kanta Mishra, too, said, "The state, that is releasing criminals implicated for murdering Left men, . Then this can only be a refuge for criminals." The chief minister had on March 13 indicated that her government has set in motion a process to withdraw criminal cases lodged during the Singur and Nandigram land acquisition movements.
Among the nearly 1,000 cases the government is set to withdraw, 325 cases are in Nandigram police station, 300 in Khejuri police station and nearly 89 in Singur police station. Many of these cases were, however, petty ones like throwing of stones. Some of these were lodged by police on their own. But this was only a fraction of the total number of such cases.
The extent of this can be gauged by the fact that Trinamool MLA Becharam Manna, who spearheaded the Singur agitation, now has to appear in court in 64 non-bailable cases. Even state law minister Moloy Ghatak is indicted in nine cases. For CPM the situation is no different either. Nishikanta Shee, a senior East Midnapore CPM leader, said there are 700 cases lodged against CPM leaders and supporters - some non-bailable charges, including murder. There is, however, no apparent move on the part of the new government to withdraw these cases.
Sekhar Basu, senior criminal lawyer, opined if the government so desired it can appeal in court (before trial concludes) to withdraw any case. "The Public Prosecutors can do so, but it is ultimately the court's discretion whether or not it will allow such appeal," he said. Section 321 CrPC allows for such withdrawal by the PP. But Basu stressed that even if a case is withdrawn the complainant can always appeal against it, "It is they who'd set the legal machinery in motion," he said.
This is where the problem lies. Even if the government withdraws the cases, will the complainants agree (both from Trinamool and CPM). The situation demands a political consensus at the ground level which neither the state law minister or chief minister has sought to address till now.