In a significant ruling, the Kerala High Court has emphasized the independence of government prosecutors, underscoring that they must not act as mere “puppets” of the government when deciding whether to withdraw a case. Justice K. Babu highlighted that prosecutors should make decisions with careful consideration and ensure their actions align with public interest, even when there’s pressure from government requests to withdraw prosecution.
This decision came during the hearing of a petition by Muhammad Ashraf, who sought to overturn a trial court’s refusal to dismiss charges against him. Ashraf faced accusations of verbally abusing, threatening, and assaulting Sub-Inspector P.V. Nirmala from the Payyannur Police Station, including threatening to set her on fire during the investigation.
Initially, the Assistant Public Prosecutor, referring to a directive under Section 321 of the Code of Criminal Procedure (CrPC), had requested the case’s withdrawal. However, the trial court denied this request due to the severity of the charges, which warranted a full trial. Ashraf’s subsequent appeal to the High Court also fell short, as the court found the withdrawal decision appeared influenced by external factors rather than an independent assessment of the case’s merits.
Justice Babu stated, “After reviewing all relevant materials, it is the prosecutor’s duty to ensure that withdrawing a case is genuinely in the public interest and does not lead to any harm or injustice.” The court further clarified that prosecutors must not only seek approval for withdrawals but also provide a logical explanation that helps the court assess the validity of such actions.
Dismissing Ashraf’s petition, the Kerala High Court reiterated the importance of judicial integrity and impartial prosecution. The trial will proceed, and the court has directed it to be completed within three months. Additionally, the court has ordered the appointment of a lawyer for the victim through the High Court Legal Services Committee.
