SC allows Himachal to withdraw cases against MLAs

The Supreme Court on Wednesday allowed the Himachal Pradesh government to withdraw prosecution against some sitting or former MLAs in several criminal cases registered during the COVID-19 pandemic period.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana noted that no grave or heinous crimes were alleged in these cases, which included those related to burning of effigies and ‘dharnas’ on highways.

The top court’s order came while hearing a plea filed by the state government challenging a April 2024 order of the Himachal Pradesh High Court. The high court had passed the order on an application filed by the state in 2023 seeking its permission to withdraw the prosecution in 65 cases against sitting or former MLAs on the basis of instructions issued by the home department in December 2022. The high court had partly allowed the state’s plea and permitted withdrawal of 15 cases. The state then moved the apex court challenging the high court order. On Wednesday, the counsel appearing for the state said they had sought the high court’s permission to withdraw the prosecution in these cases. “There is nothing serious in these cases. There was no damage to public property and there was no injury caused,” the counsel said. The top court noted that in the application filed before the High Court, 65 cases were mentioned, out of which five were disposed of while the matter was pending there.

It said the High Court permitted withdrawal of 15 cases and out of the remaining 45 cases, four cases resulted in acquittal or discharge.

The bench observed that incidents alleged in these cases pertain to the period of the COVID-19 pandemic, which was an exceptional situation where people, including public representatives, were in distress in different manners. It said none of these cases shows any grave or heinous crime.