Supreme Court allows Himachal to drop COVID-era cases against MLAs

The Supreme Court on Wednesday permitted the Himachal Pradesh government to withdraw criminal prosecutions against sitting and former legislators for petty offences committed during the COVID-19 pandemic. The cases pertained to incidents such as burning effigies and holding protests on highways.

A Bench headed by Chief Justice of India Surya Kant was hearing the State's challenge to a Himachal Pradesh High Court order from April 2024. The High Court had allowed withdrawal of only 15 of the 65 cases against sitting or former MLAs. The State's decision to withdraw these prosecutions was based on directions issued by its Home Department in December 2022.

The apex court noted that five of the 65 cases were disposed of while the matter was pending in the High Court. Of the remaining cases, the High Court permitted withdrawal of 15, leaving 45. Four of those cases had resulted in acquittal or discharge.

During the hearing, the counsel argued that there was nothing serious in these cases, with no damage to public property or injury caused. The Bench observed that the incidents pertained to the exceptional period of the pandemic, when people, including public representatives, were in distress in various ways.

The High Court had earlier refused to allow withdrawal of cases involving alleged offences under Sections 269 (negligent act likely to spread infection of disease dangerous to life), 353 (assaulting a public servant to deter them from duty), and 506 (criminal intimidation) of the Indian Penal Code, along with provisions of the National Highways Act and the Disaster Management Act.