SC Prohibits Withdrawal of Criminal Cases Against MPs, MLAs Without HC Assent
The Supreme Court was hearing a petition regarding the pendency of criminal cases against MPs and MLAs.
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The Supreme Court on Tuesday, 10 August, directed that no criminal case against MLAs and MPs can be withdrawn without prior permission of the high court of the concerned state.
A bench comprising Chief Justice of India (CJI) NV Ramana, Justice Vineet Saran, and Justice Surya Kant further ordered that judges hearing the criminal cases against MLA and MPs in special courts will continue in their current posts until further orders of the Supreme Court, LiveLaw reported.
Amicus Curiae senior advocate Vijay Hansaria had submitted to the court that no prosecution against an MP/MLA should be withdrawn without the sanction of the high court.
According to a Bar & Bench report, the amicus curiae report prepared with the assistance of lawyer Sneha Kalita indicated that 4,859 cases against MPs and MLAs were pending in 2020. The number had risen significantly – by 17 percent – from its former value of 4,122 in 2018.
Advocate Hansaria informed the court that various state governments, including Maharashtra, Uttar Pradesh, and Karnataka, are seeking to withdraw cases against their party MPs and MLAs, Bar & Bench reported.
"We find it appropriate to direct that no prosecution against MPs, MLAs to be withdrawn without leave of high court in suo motu case pursuant to our order," the bench observed, taking view of the report, LiveLaw reported.
The Supreme Court has also directed the Registrar General of all high courts to render a submission providing details of the cases concerning MPs and MLAs.
(With inputs from LiveLaw and Bar & Bench)
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