[BREAKING] Supreme Court orders no criminal cases against MP/ MLAs can be withdrawn without sanction of concerned High Court

The Supreme Court on Tuesday ordered that criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) cannot be withdrawn without prior sanction of the concerned High Court..A three-judge Bench of Chief Justice of India NV Ramana and Justices Surya Kant and Vineet Saran accepted the suggestion made by Amicus Curiae Vijay Hansaria in this regard. "We direct that no prosecution against a sitting or former M.P./M.L.A. shall be withdrawn without the leave of the High Court in the respective suo-motu writ petitions registered in pursuance of our order dated 16.09.2020. The High Courts are requested to examine the withdrawals, whether pending or disposed of since 16.09.2020, in light of guidelines laid down by this Court," the Court said. The Court also asked Registrar General of all High Courts to submit a chart of giving details of judges hearing cases against MPs/ MLAs, cases pending, cases disposed of etc. .To ensure expeditious disposal of pending cases, Supreme Court accepting the amicus curiae submission directed that "the officers presiding over Special Courts or CBI Courts involving prosecution of MPs or MLAs to continue in their present posts until further orders. This direction, barring transfer of Judicial Officers, will be subject to their superannuation or death." "If any further necessity or emergency arises, the Registrar General of the High Courts are at liberty to make an application before us for retention or to relieve those officers," the Court said..The Court was hearing a plea by BJP leader, advocate Ashwini Kumar Upadhyay seeking speedy trial in cases against MPs and MLAs by setting up of special courts. Amicus Curiae Vijay Hansaria had submitted a report giving details regarding status of trials against MP, MLAs. Hansaria had also made certain suggestions including mandate to obtain leave of High Court before withdrawing cases..The amicus curiae report prepared along with advocate Sneha Kalita stated that the number of criminal cases pending against sitting and former MPs and MLAs in December 2018 was 4,122. This has increased to 4,859 in September 2020, registering a jump of 17% in less than two years, it said.The central agencies, including the CBI, were repeatedly asked by the top court by way of its orders last year to submit a status report of pending cases being investigated by these agencies. Hansaria submitted that even in the face of such repeated directions, the Centre has submitted no such report..The amicus curiae also stated that State governments are attempting to withdraw cases against their party MPs and MLAs including those booked for serious offences.For example, the report stated that UP government has sought to withdraw 76 cases against elected representatives, including the Muzaffarnagar riot cases against Sangeet Som, Kapil Dev, Suresh Rana and Sadhvi Prachi..The report by Hansaria noted four instances wherein the state governments had issued orders to end criminal cases against politicians by using its power under section 321 of the Code of Criminal Procedure (CrPC).This provision allows a public prosecutor in charge of a case to move a request before the trial judge for permission to withdraw further prosecution of a case.If the trial judge accepts the request for withdrawal of prosecution, the accused stands discharged (if charges not framed) or acquitted in respect of that particular offence(s).“This court may be pleased to direct that no prosecution against a Member of Parliament and/or Legislative Assembly/Council (both sitting and former) shall be withdrawn without leave of the High Court,” Hansaria said..Hansaria cited State of Kerala vs K Ajith judgment which laid down the principles required for entertaining a request for withdrawal of prosecution under section 321 CrPC, saying that these principles be considered by the high court while considering requests for withdrawal of prosecution.The judgment was delivered by a bench led by Justice DY Chandrachud on appeal filed by Kerala government, seeking permission to withdraw criminal cases against six of its legislators (four former and two sitting) for alleged acts of vandalism inside the Assembly during budget presentation in March 2015..[Read Order]