The Bombay High Court requested the state government on Wednesday to furnish details of cases that were withdrawn against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) by the prosecution between September 16, 2020, and August 10, 2021.
A division bench led by Chief Justice DK Upadhyaya and Justice NJ Jamadar sought these details as part of the re-examination process, which aligns with a directive from the Supreme Court. The High Court had initiated suo motu (on its own) cognizance of cases withdrawn against MPs and MLAs, following the Supreme Court's 2021 instruction for high courts to review such cases and ensure the expeditious disposal of criminal cases involving elected representatives.
During Wednesday's hearing, Advocate General Birendra Saraf apprised the High Court that the Supreme Court had categorized the cases into three groups: pending cases, cases that had been stayed, and cases that were withdrawn. The state government committee had made the decision in 2019 and 2021 to withdraw minor cases against MPs and MLAs, many of which were registered under the Bombay Police Act concerning protests and dharnas.
Following the committee's decision, prosecutors were required to submit formal applications to the relevant magistrates seeking permission to withdraw the cases. However, due to the Supreme Court's order, this process had not commenced in numerous instances.
The High Court has instructed the Registrar General of the court to provide a list of pending trials and those cases in which proceedings have been stayed. It has also requested the Advocate General to report on cases withdrawn against sitting MPs or MLAs between September 16, 2020, and August 10, 2021.
During the hearing, the court was informed that a petition had been filed challenging the government's inaction regarding the initiation of case withdrawals. The court has asked the State to submit its response to the petition.
In response to the matter, the judges reiterated that the decision to withdraw cases rests with the state government. They emphasized that an accused party could only challenge the magistrate's order, and it did not have authority over the withdrawal of cases.
The High Court has scheduled a further hearing on December 11, 2022.
As of the data provided in 2022, there were 51 pending cases involving MPs and MLAs before the High Court. These cases were distributed across different benches, with 19 before the principal seat in Mumbai, 21 in Aurangabad, and nine in Nagpur. Two similar cases were pending before the Goa High Court. Additionally, 496 cases were awaiting resolution in trial courts in 2022.
