States Can’t Withdraw Criminal Cases Against Legislators: Supreme Court


States Can't Withdraw Criminal Cases Against Legislators: Supreme Court

New Delhi:

The state governments can not withdraw pending prison circumstances in opposition to MPs and MLAs with out the approval of the excessive courts, the Supreme Court stated right this moment, including {that a} particular bench will quickly be constituted to observe the progress of such circumstances in opposition to the legislators.

The particular courts judges, listening to circumstances in opposition to the MPs and MLAs, is not going to be transferred till additional orders, a three-judge bench, headed by Chief Justice NV Ramana, stated. Justices Vineet Saran and Surya Kant are different members on the bench.

It directed the Registrar Generals of all of the excessive courts to offer data, in a specific format, concerning the circumstances determined by particular courts in opposition to the lawmakers. It has additionally sought the small print of pending circumstances and their phases earlier than the trial courts.

The high court docket was listening to a PIL from 2016 filed by lawyer and BJP chief Ashwini Upadhyay on fast-tracking of prison trials in opposition to lawmakers. The plea additionally sought a life ban on convicted politicians from contesting polls.

Senior advocate Vijay Hansaria, helping the court docket as Amicus Curiae, knowledgeable that  Uttar Pradesh seeks to withdraw 76 circumstances in opposition to BJP MLAs, together with these accused in Muzaffarnagar riot circumstances. In Karnataka, the state authorities is searching for to withdraw 61 circumstances in opposition to legislators.

Maharashtra and Uttarakhand are additionally searching for to withdraw circumstances in opposition to legislators.

The CBI got here in for sharp criticism from the Supreme Court for not submitting standing report on pending circumstances in opposition to legislators.

“It seems the government is not concerned with this issue. The CBI is reluctant to file status reports. If you (Centre ) are reluctant to file status reports how can we presume you are concerned with cases against MP/MLAs,” Chief Justice Ramana stated.

The premier investigating company has been requested to file a standing report inside 10 days.

The CJI additionally stated that the Enforcement Directorate standing report additionally doesn’t have a lot data.

Solicitor General Tushar Mehta, representing the centre and CBI, informed the highest court docket that authorities is dedicated to hurry up circumstances in opposition to legislators and there was some points at his finish and requested for final alternative to file standing report on behalf of the CBI.

The bench stated the case has been pending for a very long time and regardless of a number of adjournments CBI is but to file its report.


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