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Kerala HC demands details of Criminal Cases withdrawn against MLA’s and MP’s

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Shivani Gadhavi

Published On: December 13, 2021 at 16:30 IST

The Kerala High Court demanded all the details from the Kerala State Government, relating to every Criminal Case against Members of the Legislative Assembly and Members of Parliament, that have been withdrawn since September 16th, 2020.

The direction of the Kerala High Court is in accordance with the notification of the Supreme Court of India which directed all the High Courts to examine and peruse details pertaining to “Legality, propriety and Bonafides” of withdrawals of Criminal Cases consisting of former or present legislators, after September 16th, 2020.

The Kerala High Court stated, “Respondents (state government and police) are directed to furnish the details of the criminal cases withdrawn after September 16, 2020.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 Supreme Court of India had issued the direction after the Public Interest Litigation (PIL) of a lawyer and member of the Bhartiya Janata Party- Ashwini Upadhyay which expressed the need of fast-tracking of Criminal Cases against Members of Parliament and Members of the Legislative Assembly.

The Supreme Court passed the Order on August 10th, 2021 which noted that no Case against any Member of Parliament or Member of the Legislative Assembly should be withdrawn without the leave of the respective High Court in regards with the Writ Petition registered on its own.

The Supreme Court instructed all the High Courts to peruse the withdrawn Criminal Cases, whether disposed or still pending since September 16th, 2020.

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