Supreme Court / Supreme Court rules no criminal cases can be withdrawn against MP & MLAs without HC nod.

On Tuesday, the Supreme Court ruled that no case against any MP or MLA should be closed without the permission of the higher courts overseeing the progress of pending cases against these elected MPs. A three-judge bank under the direction of the Chief Justice of India N.V. Ramana issued the instructions after highlighting cases of the proposed withdrawal of proceedings against members of the legislature.

Vikrant Shekhawat : Aug 10, 2021, 06:27 PM

On Tuesday, the Supreme Court ruled that no case against any MP or MLA should be closed without the permission of the higher courts overseeing the progress of pending cases against these elected MPs.  A three-judge bank under the direction of the Chief Justice of India N.V. Ramana issued the instructions after highlighting cases of the proposed withdrawal of proceedings against members of the legislature of that state's ruling party.   


Senior attorney Vijay Hansaria and attorney Sneha Kalita had brought the matter to the court's attention when the court heard the swift resolution of the cases against the elected representatives. The two go to court as amicus curiae.   The court also expressed its displeasure that the Center had failed to comply with its three previous orders and requested the government to provide details of pending proceedings investigated by the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) were filed against elected legislators.  


“When we dealt with this matter, you (Center) promised us that there would be a speedy process in such cases. But he didn't do anything, we can only say that, ”observed the three-judge court. he read the three orders issued in September, October and November of last year to underline his position. While the DE submitted the list on Monday evening, the CBI did not, prompting the bank to comment.   


On behalf of the Center, Attorney General Tushar Mehta made it clear that the CBI did not hesitate to provide the list. "I agree that we are missing it, but it is a case of lack of coordination, not reluctance," he said.