Furnish Reasons For Withdrawal Of Criminal Cases Registered Against MPs/MLAs: Kerala High Court To State

The Kerala High Court recently directed the State to furnish the details of all criminal cases pending against MPs and MLAs which were withdrawn after September 16, 2020, accompanied with the reasons for the same.

A Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly in its order stated:

"Respondents (state government and police) are directed to furnish the details of the criminal cases withdrawn after September 16, 2020.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 this direction, the matter has been listed for hearing on January 5, 2022.

The development comes in a suo motu case registered following a Supreme Court direction to all the High Courts to examine the legality, propriety and bonafides of withdrawals made after the said date in cases relating to former and sitting legislators.

"The High Courts are requested to examine the withdrawals, whether pending or disposed of after 16.09.2020, in the light of guidelines laid down by the Supreme Court regarding withdrawal of cases in the recent Kerala assembly ruckus case," the Apex Court had observed.

The High Court thereby took note of the details of the criminal cases pending against M.P.s/M.L.A.s (sitting/former) as of 31.10.2021 and issued its direction.

In its order issued in August, the Supreme Court had directed that no prosecution under CrPC against a sitting or former MP/MLA shall be withdrawn without the leave of the High Court in the respective writ petitions registered on their own pursuant to the Supreme Court order.

Case Title: Suo Motu v. State of Kerala & Ors. 

Click Here To Read/Download The Order