High Court allows govt to withdraw 15 cases against sitting, ex-MLAs

Legal Correspondent

Shimla, April 26

The HP High Court today partly allowed an application of the state government seeking permission to withdraw prosecution against sitting/former MLAs on the basis of instructions issued on December 31, 2022, by the state Home Department.

Offences petty in nature

• While granting permission in 15 FIRs, a Division Bench observed that "most of the cases relate to protests held against the government and are said to be peaceful without the use of violence. Offences involved in these cases are petty in nature. There does not appear to be any injury to any person or damage to property."
• In these FIRs, the names of Chief Minister Sukhvinder Singh Sukhu and Deputy Chief Minister Mukesh Agnihotri were also mentioned.

While granting permission in 15 FIRs, a Division Bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua observed that “most of the cases relate to protests held against the government and are said to be peaceful without the use of violence. Offences involved in these cases are petty in nature. There does not appear to be any injury to any person or damage to property.”

The court stated that “As regards the said cases, we are satisfied that the application for withdrawal has been made in good faith, in the interest of public policy and justice, and not to thwart or stifle the process of law.” In these FIRs, the names of Chief Minister Sukhvinder Singh Sukhu and Deputy Chief Minister Mukesh Agnihotri were also mentioned.

However, with regard to the remaining FIRs registered against politicians, the court declined to grant permission for withdrawal. The court refused to grant permission for the withdrawal of FIRs registered in connection with some rallies held in protest against the previous government during the Covid-19 pandemic in July and December 2020. While rejecting the prayer of the state, the court observed that “public representatives ought to have been conscious of the risk caused by the Covid-19 pandemic and the potential loss of lives by the spread of the virus where large gatherings are organised compromising physical distancing.”

Besides, the court also declined to interfere in such cases where the act of assault or criminal force was used against a public servant in the execution of his duty or cases involving the breach of peace and cases involving the obstruction of national highways and registered under the Disaster Management Act.

The court passed the order on an application filed by the government seeking permission to withdraw prosecution in 60 cases against sitting/former MLAs but the court allowed to withdraw prosecution in only 15 cases.

Though there was no requirement of seeking permission of the High Court before withdrawing prosecution, such permission become mandatory in view of the decision of the Supreme Court in Ashwani Kumar Upadhyay Vs Union of India cases where the accused were sitting/ former MLAs.

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