Give particulars of prison circumstances withdrawn in opposition to MPs, MLAs since September 16 final 12 months: Kerala HC to state authorities
2 min readBy PTI
KOCHI: The Kerala High Court has directed the state authorities to furnish particulars of all of the prison circumstances regarding MLAs and MPs which have been withdrawn after September 16 final 12 months with the explanations for a similar.
The particulars have been sought by the excessive courtroom pursuant to a course by the Supreme Court to all of the High Courts to look at the “legality, propriety and bonafides” of withdrawals made after September 16, 2020, in circumstances regarding former and sitting legislators.
“Respondents (state government and police) are directed to furnish the details of the criminal cases withdrawn after September 16, 2020. Respondents are further directed to furnish a consolidated statement, explaining the reasons for withdrawal of the cases registered against MPs/MLAs (sitting/former),” the excessive courtroom mentioned.
With the course, the courtroom listed the matter for listening to on January 5, 2022.
The apex courtroom in August this 12 months had directed that prosecution in opposition to the lawmakers below the Code of Criminal Procedure (CrPC) can’t be withdrawn with out prior sanction from the respective excessive courts.
In its August 10 order, the apex courtroom had directed that no prosecution in opposition to a sitting or former MP/MLA shall be withdrawn with out the depart of the High Court within the respective writ petitions registered on their very own pursuant to the Supreme Court order.
The High Courts are requested to look at the withdrawals, whether or not pending or disposed of since September 16, 2020, in mild of tips laid down by this courtroom, the highest courtroom had mentioned.
The order got here on a PIL of 2016 filed by lawyer and BJP chief Ashwini Upadhyay on fast-tracking of prison trials in opposition to MP and MLAs in addition to looking for a life ban on convicted politicians from contesting polls.
