- Friday, May 03, 2024
By: Shubham Ghosh
THE Supreme Court of India on Tuesday (10) said no criminal cases can be withdrawn against either members of the Indian parliament or legislative assemblies of any state without the approval of the concerned high court.
Amicus curiae senior advocate Vijay Hansaria submitted a report to the apex court in which it was suggested that withdrawing of prosecution under Section 321 of the Criminal Procedure Court is allowed in public interest and cannot be done for political consideration, Indo-Asian News Service (IANS) reported.
According to the report, the governments of the states should be allowed to withdraw cases against current or former legislators only after getting approval from the high court. It said such applications can be made in good faith, in the interest of public policy and justice but not to thwart or stifle the process of law, the report added.
The amicus made the recommendation in a petition related to fast-tracking of criminal trials against current and former members of parliament or legislative assemblies.
An apex court bench headed by Chief Justice NV Ramana acknowledged the issue of misuse of power under Section 321 and said, “No prosecution against MP/MLA to be withdrawn without leave of High Court.” The bench comprises justices Vineet Saran and Surya Kant.
Hansaria, who was backed by advocate Sneha Kalita, cited during the hearing that the government of the North Indian state of Uttar Pradesh has sought withdrawal of 76 cases against some of the elected representatives, including the 2013 Muzaffarnagar riot cases against Sangeet Som, Kapil Dev Agarwal, Suresh Rana and Sadhvi Prachi.
“As per the said news report, all the four gave inflammatory statements against a community and are accused of offences u/s 188 IPC (Indian Penal Code) (joining unlawful assembly armed with deadly weapon), 353 IPC (assault or criminal force to deter public servant), 153A IPC (promoting enmity on grounds of religion, etc, and acts prejudicial to maintenance of harmony), 341 IPC (wrongful restraint), and 435 IPC (mischief by fire or explosive substance with intent to cause damage).”
“These cases relate to Muzzafarnagar riots in which 65 persons were killed and around 40,000 persons were displaced. Another news report was published on January 12, 2020 stating that the Government has decided to withdraw 76 such cases,” the amicus report said.
Elections in India often see participation of leaders who have tainted records and the question whether such people should be allowed to contest in elections remains a hot topic for debate.
