Court: HC nod must to drop cases against lawmakers

New Delhi, August 10

Public prosecutors can’t withdraw criminal cases against lawmakers without sanction from high courts, the Supreme Court ruled on Tuesday.

A Bench headed by Chief Justice of India NV Ramana also said judges handling cases against lawmakers shouldn’t be transferred until further orders.

According to Section 321 of the CrPC, “The public prosecutor or assistant public prosecutor in-charge of a case may, with the consent of the court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal…”

But the order has changed the legal position on the issue.

The CJI said he was considering setting up a special bench at the top court to monitor cases against lawmakers. It directed registrar generals of all high courts to provide information about the cases decided by special courts against the lawmakers. It has also sought details of pending cases in the trial courts. The Bench was hearing a PIL by Delhi BJP leader Ashwini Upadhyay in 2016 for fast-tracking of criminal trials against MPs and MLAs. — TNS