Supreme Court to examine HP decision to withdraw cases against 65 netas

NEW DELHI: Himachal Pradesh govt on Friday moved Supreme Court questioning the HC's decision not to permit it to withdraw in entirety 65 FIRs, involving non-serious offences, lodged against MPs, MLAs and politicians.

On July 20, 2023, the Congress govt headed by Sukhvinder Singh Sukhu moved a petition before the HC seeking permission to withdraw prosecution against current and former MPs/MLAs acro-ss parties who were named in 65 FIRs on recommendations of public prosecutors.

The HC found that five of the 65 FIRs had been disposed of and, after examining records, permitted withdrawal of prosecution in 15 FIRs. As one FIR detail was repeated in the list and four more cases had led to acquittal/discharge, HP govt, more than a year after the HC decision, approached the SC seeking permission to withdraw prosecution in the remaining 39.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice on the petition and posted the matter for March 16.

HP govt through senior advocate V Giri said it was seeking withdrawal of prosecution in public interest, after taking independent opinions of public prosecutors and district attorneys in consultation with DMs and SPs.

The SC in the Ashwini Kumar Upadhyay case in 2021 ruled public prosecutors may withdraw prosecution to further the broad ends of justice

The HP govt said, "The cases/FIRs relate to peaceful public agitations, whereby no loss to property or injury to any person occurred."


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