NEW DELHI: In a major relief to many Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) of Himachal Pradesh, the Supreme Court on Wednesday allowed the state government to withdraw prosecution in 63 criminal cases involving these MPs and MLAs against whom cases have been registered in connection with public demonstrations and dharnas during the COVID-19 period.
"There is no reason to deny the request where allegations did not involve heinous offences or bodily injury," said the three-judge Bench of the apex court, headed by CJI Surya Kant and Justices Joymalya Bagchi and Justice V Mohana, and it allowed the State of HP's plea.
The bench also said that they are not hardened criminals, but public representatives raising public grievances.
After the Supreme Court's green signal allowing the state government to withdraw prosecution in 63 criminal cases involving these MPs and MLAs, the trial courts will now formally close them.
Earlier, Himachal Pradesh High Court had permitted withdrawal in 15 cases. But on Wednesday, the Supreme Court found no justification for restricting withdrawal to those cases when State had sought withdrawal in the remaining as well.
While allowing withdrawal of prosecution, the Supreme Court took into account the nature of allegations, as it noted none of the cases involved heinous offence or allegation of bodily injury.
The Bench observed that prosecution against them would consume court time at the cost of other and serious or contentious cases requiring expeditious adjudication.
These HP MPs and MLAs were charged under Section 269 (Negligence to spread infection), 504/506 (insult/intimidation) of the Indian Penal Code (IPC) and the Disaster Management Act for violating Covid assembly ban during dharnas.
Finding no reason to restrict the State's request, the top court allowed the appeal for withdrawal and accepted in entirety.
The bench emphasized that withdrawal of prosecution in such technical violations during the pandemic is in public interest. The sases arose from dharnas over public issues, not personal enmity, and keeping them alive serves no purpose, the court said.