PESHAWAR, Sept 13: The MMA government in the NWFP has withdrawn over a 100 cases lodged against its leaders and activists for staging protest demonstrations following the US invasion of Afghanistan and Pakistan's policy to end support to the Taliban, investigations by Dawn revealed.

Data collected from various sources revealed that soon after coming into power, the six-party alliance decided to quash cases registered against its leaders and activists for violating the ban on holding political rallies, inciting public against the government, delivering provocative speeches and damaging public and private property.

One of the first things the MMA government did immediately after assuming power was to order withdrawal of cases against its leaders and activists. Investigations revealed that barely three days after having been sworn in - on Dec 3 - the government ordered the rescinding of cases it considered were political in nature.

The cases had been registered in the aftermath of 9/11 when Washington invaded Afghanistan and pressurised Pakistan into withdrawing support to the Taliban. Record available with Dawn shows that most of the cases were withdrawn in one go on the recommendation of Chief Minister Muhammad Akram Khan Durrani.

Government officials acknowledge that the remaining cases are being withdrawn in ones and twos, either on the direct recommendation of the chief minister or senior minister Sirajul Haq.

A senior official in the NWFP home department, however, defended the decision to withdraw cases which, he insisted, were politically motivated and that the government had the power to rescind them.

The official referred to Section 494 of the Criminal Procedure Code, which authorizes the government to do so. Section 494 states: "any public prosecutor may, with the consent of the court, before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried."

According to the Standing Operating Procedure (SOP), the government, after eliciting views of the home, law and police departments, may direct the public prosecutor to withdraw cases.

Significantly though, the government in some cases overruled the objections raised by the police department and the NWFP chief secretary. In a similar case moved recently, said a senior official on condition of anonymity, the chief minister was advised that there was no moral justification for withdrawing such cases and that it seriously undermined the government's authority to exercise law and hold its supremacy.

"This is very unfortunate. Those who have broken the law should have been penalized. It is important for establishing the writ of law. But instead of discouraging such trends, the withdrawal of cases encourage people to violate the law again and again," said the senior official.

He added that Section 494 was in fact a safety-valve against miscarriage of justice and to ensure that innocent people were not framed. "There has to be a compelling reason to withdraw cases. Unfortunately that is not the case here," the official said.

But one government official defended the NWFP by saying that Sindh, too, had withdrawn cases against incumbent governor, Ishratul Ibad. The official recalled how his peers were left dumbfounded when at a law and order meeting former prime minister Mir Zafarullah Khan Jamali had asked them about the withdrawal of cases and sought a complete report.

"They kept silent," the official recalled who was present in the meeting. But while government officials acknowledge that previous governments too had been withdrawing cases against their activists, they say there is no justification for following a bad example.

"Two wrongs do not make one right," the official remarked. Dawn investigation has found that the MMA government withdrew 13 cases against its activists in district Peshawar, four in district Charsadda, six each in districts Shangla, Haripur and Nowshera.

Twenty cases registered against MMA activists were withdrawn in district Abbottabad, five in district Mardan, 12 in Upper Dir, three each in districts Hangu and Kohat, one in Swabi, two in district Karak, one in district Chitral, nine in district Mansehra and seven in district Batagram. Bannu, the home district of Chief Minister Durrani, stands out as a major beneficiary where 24 cases were withdrawn.