States can’t withdraw cases without High Court sanction: Supreme Court

A bench headed by CJI N V Ramana indicated it would set up a special bench at the SC to monitor criminal cases against politicians. File pic

In a significant order, the Supreme Court on Tuesday curtailed the power of state prosecutors and ordered that they cannot withdraw prosecution against politicians facing criminal cases under Code of Criminal Procedure (CrPC) without prior sanction from high courts. A bench headed by Chief Justice N V Ramana indicated that it would set up a special bench at the top court to monitor criminal cases against politicians.

The SC's order assumed significance in view of the fact, highlighted by an amicus curiae on the basis of news reports, that states like Uttar Pradesh, Uttarakhand, Maharashtra and Karnataka have sought to withdraw criminal cases against politicians by using Section 321 of CrPC which empowers prosecutors to withdraw cases.

‘Misuse of CrPC Section 321'

"UP is seeking to withdraw of prosecution of (i) Sangeet Som, MLA from Sardhana (Meerut); (ii) Suresh Rana, MLA from Thana Bhawan Assembly; (iii) Kapil Dev, who represents the Muzaffarnagar Sadar seat in the Assembly (related to the Muzaffarnagar riots) and (iv) political leader Sadhvi Prachi..." the report of amicus curiae said. The bench, also comprising Justices Vineet Saran and Surya Kant, said, "The first issue is about the misuse of power under Section 321 of the CrPC regarding withdrawal of cases." The SC also ordered that judges of special courts hearing cases against the MPs and MLAs will not be transferred until further orders.

Parties fined

Another bench of the SC, comprising Justices Rohinton Fali Nariman and BR Gavai, found eight political parties in contempt, by failing to abide by its direction in February to disclose criminal backgrounds of its Bihar Assembly elections candidates. The parties were asked to make public the details on their official websites, in newspapers and on social media platforms, reported Bar and Bench. While BJP, Congress, RJD, JD(U), CPI and Lok Jan Shakti Party were fined R1 lakh each for partial non-compliance, CPI(Marxist) and NCP were fined Rs 5 lakh each for not at all complying with SC's order.

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