The High Court of Kerala has directed the State Govt to furnish details of all the criminal cases relating to MLAs & MPs which were withdrawn after Sept 16, 2020 with the reasons for the same.
The details have been sought by the HC pursuant to a direction by the Supreme Court to all the HCs to examine the "legality, propriety & bonafides" of withdrawals made after Sept 16, 2020, in cases relating to former & sitting legislators.
The High Court said that "Respondents (state government & police) are directed to furnish the details of the criminal cases withdrawn after September 16, 2020. Respondents are further directed to furnish a consolidated statement, explaining the reasons for withdrawal of the cases registered against MPs/MLAs (sitting/former)".
With the direction, the Court listed the matter for hearing on Jan 5, 2022.
The top court in August this year had directed that prosecution against the lawmakers under the Code of Criminal Procedure (CrPC) cannot be withdrawn without prior sanction from the respective high courts.
In its Aug 10 order, the Supreme Court had directed that no prosecution against a sitting or former MP/MLA shall be withdrawn without the leave of the HC in the respective writ petitions registered on their own pursuant to the Top Court order.
The High Courts are requested to examine the withdrawals, whether pending or disposed of since September 16, 2020, in light of guidelines laid down by this court, the Supreme Court had said.
The order came on a Public Interest Litigation of 2016 filed by lawyer & BJP leader Ashwini Upadhyay on fast-tracking of criminal trials against MP & MLAs besides seeking a life ban on convicted politicians from contesting polls.
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(With input from news agency language)
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