Himachal Pradesh News
Supreme Court to examine Himachal Pradesh govt’s plea to withdraw cases against sitting, former MPs and MLAs
The Himachal Pradesh Government has approached the Supreme Court seeking permission to withdraw 45 criminal cases registered against sitting and former Members of Parliament and Members of the Legislative Assembly, including cases filed during the previous BJP regime against Congress workers for staging protests and rallies during the Covid-19 pandemic.
The Himachal Pradesh Government has approached the Supreme Court seeking permission to withdraw 45 criminal cases registered against sitting and former Members of Parliament and Members of the Legislative Assembly, including cases filed during the previous BJP regime against Congress workers for staging protests and rallies during the Covid-19 pandemic.
A Bench led by Chief Justice of India Surya Kant on Friday issued notice on the state government’s petition challenging the April 26, 2024 order of the Himachal Pradesh High Court, which had refused to allow withdrawal of several cases against the lawmakers.
The apex court is scheduled to hear the matter on March 16.
Earlier, the High Court had only partly accepted the state government’s request, allowing withdrawal of 15 out of the 65 cases recommended by the Home Department. Five cases — including one against Chief Minister Sukhvinder Singh Sukhu — were disposed of during the pendency of the petition.
Under Section 321 of the Criminal Procedure Code (CrPC), withdrawal of prosecution ordinarily does not require High Court approval. However, such permission became necessary following the Supreme Court’s 2020 judgment in Ashwani Kumar Upadhyay vs Union of India, which involved criminal cases against sitting and former legislators.
In that ruling, the top court held that a public prosecutor may withdraw a case not only due to lack of evidence but also to advance the broader interests of public justice, provided the decision is taken independently and in good faith.
Appearing for the state, senior counsel V. Giri urged the court to permit withdrawal of the cases in public interest after independent assessments by public prosecutors and district attorneys, in consultation with district magistrates and superintendents of police.
However, the High Court declined to allow withdrawal of cases involving serious charges under several provisions, including Sections 269, 353, 504, and 506 of the IPC, as well as sections of the National Highways Act and the Disaster Management Act.
The High Court observed that the power under Section 321 CrPC is a responsibility that must be exercised strictly in public interest and cannot be used for political or extraneous considerations. It emphasised that public prosecutors must form an independent opinion before seeking the court’s consent.
The Supreme Court’s decision is expected to clarify the legal framework governing withdrawal of criminal cases against elected representatives.
