KOCHI: Director General of Prosecution T Asaf Ali on Thursday said that the report that two criminal cases which had been registered against controversial businessman Muhammed Nisham were settled in the Kerala High Court at the instance of public prosecutor without opposing the petition are false.
There were reports that the prosecution did not oppose the petition filed by Nisham through Millu Dandapani of Dandpani Associates in 2013 seeking to quash the criminal cases. The court had quashed the case as the disputes in the cases were amicably settled between the complainant and the accused. In a press conference, the DGP made it clear that the prosecutor who had appeared in the case had done nothing wrong and acted according to the law.
Asaf Ali said that the prosecutor who appeared in the two cases were just following the dictum laid down by the apex court in settling cases out of court. When asked whether the prosecution acted favourably considering counsel, who is the son of Advocate General, who had appeared for the accused, the DGP replied that the Prosecution defends the case according to its merits and not as per the opposition lawyer. The Supreme Court in Gian Singh Vs State of Punjab case held that criminal cases which arise from personal disputes in which there will be no social implications can be settled by invoking Section 482 of CrPc.
In Nisham’s case, the complainant filed an affidavit stating that the case was settled between them and he didn’t want to continue the proceedings in the case. Reports that the cases against Nisham were quashed due to non-opposition of the prosecution is baseless, DGP said. The DGP added that the public prosecutors and Additional Public Prosecutors and all other government pleaders are totally vigilant about the way in which the cases are quashed by the High Court exercising the power vested under section 482 of CrPC.