Supreme Court lays down rules for Public Prosecutors to withdraw Cases

  

On Wednesday, the Apex Court said public prosecutors must act independently of the Govt while seeking withdrawal of a case against an accused in the public interest & issued a self-caution that it should not generally interfere with concurrent decisions of the trial court & the High Court rejecting such withdrawal plea.

A bench of Justice D Y Chandrachud & Justice M R Shah examined a host of judgments, including the one that questioned the withdrawal of prosecution in an Emergency-era case against then opposition politician George Fernandes, & culled out the essence of the rulings to ink a checklist.

“PP’s decision to withdraw a case required consent of the court; PP can’t withdraw a case merely on the ground of paucity of evidence, he must keep in mind the broad ends of public justice; PP must formulate an independent opinion before seeking the consent of the court to withdraw from the prosecution; initiation of withdrawal at the behest of the government would not vitiate the decision if the court is satisfied that the PP has independently applied mind on the necessity of making the application,” the Bench said.

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