SC rejects ex-MP's plea to quash criminal proceedings, says HC nod mandatory

New Delhi, Dec 3 (PTI) The Supreme Court on Wednesday reiterated that state governments cannot withdraw criminal prosecution against sitting or former lawmakers without the permission of the high court concerned.

A bench comprising justices Sanjay Karol and N K Singh dismissed former Samajwadi Party MP Bal Kumar Patel's plea seeking quashing of criminal proceedings against him in a 2007 arms licence case.

It held that the Uttar Pradesh government failed to obtain mandatory permission from the high court before attempting to withdraw the prosecution.

Earlier, the top court, while hearing a PIL, had directed that "no prosecution against a sitting or former MP/MLA shall be withdrawn without the leave of the high court..." Writing the judgement, Justice Karol relied upon the earlier apex court order and said, the high court has to apply its judicial mind while hearing such pleas for withdrawal of cases concerning MPs or MLAs.

"As is obvious, this permission is missing in the present case. The impugned judgement therefore cannot be faulted with. The high court has rightly dismissed the petition for quashing. The appeals are dismissed. We clarify that we have not expressed any view on the merits of the case and any and all contentions available to the appellant are left open for him to take at the appropriate stage be it discharge or trial," it said.

Patel, who held a valid arms licence, was booked under various provisions of the Arms Act through FIRs registered on June 12, 2007, alleging irregularities in the licence.

A charge sheet followed in July 2007, and cognizance was taken soon after.

Although the Raebareli district magistrate later restored Patel's arms licence in July 2012, the state government in 2014 decided to withdraw the 2007 cases, citing public interest.

However, in October 2021, the trial court refused to allow withdrawal, noting that the State had not secured the high court's mandatory approval as required by the apex court order.

It gave 30 days to obtain the permission, but the State did not act. Patel subsequently approached the high court seeking quashing of proceedings, which was rejected leading to the present appeal. PTI SJK ZMN ZMN