Tuesday, August 10, 2021

Supreme Court orders no criminal cases against MP/ MLAs can be withdrawn without sanction of concerned High Court

On  10/08/21, the Supreme Court ordered that criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) cannot be withdrawn without prior sanction of the concerned High Court.

"The High Courts are requested to examine the withdrawal of cases against MP MLAs since September 16, 2020, about the Supreme Court judgment of State of Kerala vs K Ajith." 
Amicus Curiae Vijay Hansaria had submitted a report giving details regarding the status of trials against MP, MLAs.
The state governments had issued orders to end criminal cases against politicians by using their power under section 321 of the Code of Criminal Procedure (CrPC).
State of Kerala vs K Ajith judgment which laid down the principles required for entertaining a request for withdrawal of prosecution under section 321 CrPC, saying that these principles be considered by the high court while considering requests for withdrawal of prosecution.

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