Read Time: 03 minutes

The Kerala High Court has directed the state government to furnish details of all the criminal cases relating to Members of Legislative Assembly (MLAs) and Members of Parliament (MPs) which were withdrawn after September 16 last year, with reasons for the same.

The Court was dealing with a plea filed by Bharatiya Janta Party (BJP) members Ashwini Upadhyay pertaining to fast-tracking of criminal trials against MPs and MLAs besides seeking a life ban on convicted politicians from contesting polls.

The details have been sought by the High Court pursuant to a direction by the Supreme Court to all the High Courts to examine the "legality, propriety and bonafides" of withdrawals made after September 16, 2020, in cases relating to former and sitting legislators.

The Supreme Court full bench of Chief Justice N.V. Ramana, Justice Surya Kant and Justice Vineet Saran vide its order dated August 10, 2021 had asked the High Courts to examine the withdrawal of the cases against the MP, MLAs in September 2020, in light of the Apex Court judgment in State of Kerala vs K Ajith.

The top court had asked the Registrar General of all the High Courts to submit a detailed list of the Judges who are hearing these abovesaid cases, mentioning which ones are pending and which ones have been disposed of.

Respondents (the state government and police) have been directed to furnish the details of the criminal cases withdrawn after September 16, 2020. Respondents have further been directed to furnish a consolidated statement, explaining the reasons for withdrawal of the cases registered against MPs/MLAs (sitting/former).

Cause Title: Ashwini Upadhyay vs Union of India