High Court’s guidelines for withdrawal of criminal cases against sitting or former MPs and MLAs

Rajasthan High Court Allows Withdrawal of Prosecution Against Former MLAs Amid Public Interest Concerns Court mandates High Court's approval for withdrawal of criminal cases against legislators, upholding public interest and judicial discretion.

In a significant ruling, the Rajasthan High Court's Jaipur Bench, presided over by Justice Anoop Kumar Dhand, has granted permission for the withdrawal of prosecution against sitting and former Members of the Legislative Assembly (MLAs) involved in peaceful public agitations. The decision underscores the necessity of High Court approval in withdrawing criminal cases against legislators, a directive rooted in the Supreme Court's guidelines from the Ashwini Kumar Upadhyay case.

The State of Rajasthan, represented by Government Advocate Rajesh Choudhary, sought the court's leave to withdraw charges against Bhawani Singh Rajawat and others, arguing that the allegations stemmed from peaceful protests aimed at public welfare, addressing issues like water scarcity and administrative justice. The cases involved were registered under various sections of the Indian Penal Code and the Rajasthan Epidemic Diseases Act.

The High Court emphasized the role of the Public Prosecutor in independently assessing the merit of withdrawal requests, ensuring they align with public interest and are not mere extensions of governmental directives. The court highlighted that judicial discretion must be exercised to prevent any miscarriage of justice or stifling of legal processes.

The judgment reiterates the constitutional protection of peaceful protests and the need for clear evidence of public order disturbance before invoking penal provisions. It reflects a balanced approach, acknowledging the role of public representatives in voicing public grievances while upholding legal protocols.

The court's decision, while granting the State permission to proceed with withdrawal applications, leaves the final determination to the jurisdictional trial courts, thereby preserving the integrity of the judicial process.

Bottom Line:

Withdrawal of Prosecution - Guidelines formulated for withdrawal of criminal cases against sitting or former MPs/MLAs - High Court's leave mandatory for withdrawal - Public interest and independent application of mind by Public Prosecutor essential for such withdrawal.

Statutory provision(s): Section 321 of the Code of Criminal Procedure, 1973

State of Rajasthan v. Bhawani Singh Rajawat, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2821782