The Bombay High Court on Monday sought data from the Maharashtra government on cases pending against MLAs and MPs who have been booked for staging protest or resorting to Rasta Roko Andolans. The HC has asked for the data so that it can examine each case and decide if the same could allowed to be withdrawn.
A bench of Chief Justice Dipankar Datta and Justice Sandeep Shinde asked state advocate general Ashutosh Kumbhakoni to place on record by next hearing the details of MLAs and MPs booked for these offences.
This comes after AG Kumbhakoni told the bench that following the last hearing, several ex MLAs have rushed to the state government urging it to withdraw cases filed against them during public protests etc.
"After the last hearing, several MLAs have approached us. They want us to withdraw cases against them in view of the recent circular issued to withdraw cases registered against the MLAs and MPs for participating in Rasta Roko Andolan, public protests etc," Kumbhakoni said.
"The circular provides for withdrawal of cases in which there has been no loss of public property or loss of human life," the AG added.
"The MLAs and even the state have approached Magistrate courts seeking to withdraw such cases, however, the court have refused to permit us," AG said, adding, "The Magistrates are saying that this Court should permit them to do so."
Hearing this, Chief Justice Datta said, "You give us the data spelling out the nature of the offences. We want to know the gravity of the offences and accordingly will pass orders."
Notably, the bench has taken up suo motu PIL in accordance with the directives of the Supreme Court, which had ordered HCs of all states to monitor such cases. The top court had in a detailed judgment ordered all HCs to monitor the issue and ensure there is expeditious disposal of criminal cases pending against the elected representatives.
Meanwhile, the bench was informed that the state would submit a detailed chart spelling out the total number of criminal cases pending against MPs and MLAs before the HC.
