Kerala HC seeks details of criminal cases against lawmakers withdrawn since Sept 2020

Following a directive of the Supreme Court, the Kerala High Court on Monday directed the state government to furnish details of criminal cases against MLAs and MPs that were withdrawn after September 16 last year. The SC had directed all High Courts to examine the "legality, propriety and bonafides" of withdrawals made after September 16, 2020, in cases relating to 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"Respondents (state government and police) are directed to furnish the details of the criminal cases withdrawn after September 16, 2020.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 high court said. The court then listed the matter for hearing on January 5, 2022.

Earlier in August, the SC had directed that prosecution against sitting or former lawmakers under the Code of Criminal Procedure (CrPC) cannot be withdrawn without prior sanction from the respective high courts in the respective writ petitions registered on their own pursuant to the Supreme Court order. The order came on a 2016 PIL filed by lawyer and BJP leader Ashwini Upadhyay on fast-tracking of criminal trials against MP and MLAs besides seeking a life ban on convicted politicians from contesting polls.

The High Courts must now examine the withdrawals since the aforementioned date in light of the guidelines laid down by the court.