The Supreme Court on Tuesday ordered that no state government can withdraw pending criminal cases against MPs, MLAs and MLCs without prior approval of the high courts concerned and took strong exception to similar decisions by Uttar Pradesh, Maharashtra, Karnataka and Uttarakhand.
The direction was issued by a bench of CJI NV Ramana and Justices Vineet Saran and Surya Kant after amicus curiae Vijay Hansaria's report highlighted a disturbing trend of states attempting to misuse section 321 of the criminal procedure code to withdraw even serious cases against ruling party legislators. He said UP has sought to withdraw 76 cases against elected representatives, including the Muzaffarnagar riot cases against MLAs Sangeet Som, Kapil Dev and Suresh Rana.