[Withdrawal of criminal cases against MPs, MLAs] State should scrupulously follow Supreme Court directions: Karnataka High Court

The Karnataka High Court on Wednesday opined that when it comes to withdrawal of prosecution in criminal cases against Members of Parliament and Members of the Legislative Assembly (MPs and MLAs), the State government will be bound by the directions issued by the Supreme Court in case of Ashwini Kumar Upadhay vs Union of India, on August 10..This would mean that leave of the High Court should be obtained before criminal cases can be withdrawn against law makers..Yesterday, the Supreme Court had ordered that criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) cannot be withdrawn without prior sanction of the concerned High Court..[BREAKING] Supreme Court orders no criminal cases against MP/ MLAs can be withdrawn without sanction of concerned High Court .A Division Bench moved by Chief Justice Abhay Shreeniwas Oka and Justice N Sanjay Gowda disposed of a public interest litigation filed by People's Union For Civil Liberties-Karnataka (PUCL-K) questioning the decision taken by the government at the cabinet meeting to withdraw 61 cases, on the basis of a government order dated August 31, 2020.“Hence, the petition is disposed of by making it clear that State shall scrupulously follow the directions issued by Apex Court.”.It was clarified that the government order dated August 31 will not apply for withdrawal of criminal cases of sitting as well as former legislators.“Needless to clarify that the government order dated August 31 will not apply to withdrawal of cases against MPs and MLAs as directed by Apex Court.”.While dealing with another petition moved by Sudha Katwa seeking similar reliefs, the Court directed that the actions of State government taken after September 16, 2020 with regard to withdrawal of cases of MPs and MLAs will have to be considered in the suo motu petition registered by the Court. .Karnataka HC directs registration of suo motu PIL for expeditious disposal of pending criminal cases against MPs, MLAs.In September 2020, the Court had directed the Registrar General of the Court to register a suo motu petition, in view of the directions issued by the Supreme Court urging Chief Justices of the High Courts to formulate an action plan to expeditiously deal with pending cases against legislators..As today's hearing came to an end, the Court directed the State to place on record orders, the orders passed by it regarding withdrawal of prosecution in criminal cases against former and sitting MPs, MLAs from September 16, 2020..The matter will be next heard on September 3.