New Delhi, Aug 25
The Supreme Court Wednesday said state governments had the power under law to withdraw “malicious” criminal cases and it is not against withdrawal of such cases but they should be examined by the high courts concerned.
The top court also expressed concern over inordinate delays in investigation and conclusion of trial in cases lodged by Enforcement Directorate and Central Bureau of Investigation against Members of Parliament and MLAs/MLCs and asked the Centre to provide necessary manpower and infrastructure.
A bench of Chief Justice NV Ramana and Justices DY Chandrachud and Surya Kant said it would pass a detailed order on the issue and pointed out that it was not saying anything or expressing any opinion on the investigating agencies like ED or CBI as it would lower their morale but they should ensure that the trials are completed expeditiously.
“We don’t want to say anything about investigating agencies as we don’t want to lower their morale. Else, their report speaks volumes. There are over 200 cases in these courts. Sorry to say Mr Tushar Mehta, these reports are inconclusive. No reasons have been given for not filing charge sheets for 10 to 15 years. Simply, attaching properties worth crores of rupees does not serve any purpose,” the bench said.
The top court is hearing a PIL filed by advocate Ashwini Upadhyay seeking life ban on lawmakers convicted in heinous criminal cases and speedy disposal of cases against them.
At the outset, senior advocate Vijay Hansaria, appointed as amicus curiae in the matter, told the bench that the status reports of CBI and ED on cases against lawmakers are “disturbing” and “shocking” which need “surgical treatment” for expediting the trial.
