NEW DELHI: The Supreme Court on Wednesday, August 25,  said that governments should take approval of the respective high court before withdrawing criminal cases filed against MPs, MLAs. The top court highlighted that there is nothing wrong in withdrawing cases of malicious prosecution, but the high court must examine such cases.

Sr advocate Vijay Hansaria, appointed amicus curiae in a 2016 petition filed by advocate Ashwini Kumar Upadhyay seeking direction to fast-tracking of criminal trials against sitting and former MPs/MLAs, has filed a report in the top court. He has been assisted by advocate Sneha Kalita in the matter.

The Apex court asked solicitor general Tushar Mehta to talk to CBI and Enforcement directors to find out additional manpower they needed to ensure that investigations being probed by the agency are completed in a time-bound manner.

"We are not against the withdrawal of cases if there is a malicious prosecution. But this needs to be examined by the judicial officer in the high court. If the high court agrees then the cases can be withdrawn", a bench headed by chief justice N.V. Ramana said.

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