Himachal Pradesh Government Escalates Legal Battle Over FIR Withdrawal to Supreme Court
The Congress-led government of Himachal Pradesh, under Chief Minister Sukhvinder Singh Sukhu, has taken a significant legal step by approaching the Supreme Court of India. This move challenges a previous decision by the Himachal Pradesh High Court regarding the withdrawal of First Information Reports (FIRs) filed against current and former Members of Parliament (MPs) and Members of Legislative Assembly (MLAs).
Background of the Case and High Court's Initial Ruling
On July 20, 2023, the state government submitted a formal petition to the High Court, seeking permission to withdraw prosecution in 65 FIRs involving politicians from various political parties. These cases were identified based on recommendations from public prosecutors and were characterized as involving non-serious offences.
After a thorough review, the High Court discovered that five of these FIRs had already been disposed of. Following an examination of the remaining records, the court granted permission for the withdrawal of prosecution in only 15 FIRs. Additionally, it was noted that one FIR detail was duplicated in the list, and four more cases had resulted in acquittal or discharge, leaving 39 FIRs unresolved.
Supreme Court Intervention and Legal Arguments
More than a year after the High Court's decision, the Himachal Pradesh government, represented by senior advocate V Giri, filed a petition with the Supreme Court. The government is now seeking authorization to withdraw prosecution in the remaining 39 FIRs, arguing that this action is in the public interest.
The state government emphasized that the withdrawal process followed independent opinions from public prosecutors and district attorneys, who consulted with District Magistrates (DMs) and Superintendents of Police (SPs). According to the petition, the cases relate to peaceful public agitations where no loss of property or injury to individuals occurred.
Legal Precedent and Judicial Proceedings
The government's stance is supported by a 2021 Supreme Court ruling in the Ashwini Kumar Upadhyay case, which affirmed that public prosecutors may withdraw prosecution to further the broad ends of justice. This precedent is being cited to bolster the state's argument for the withdrawal of these FIRs.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi has taken cognizance of the petition. The court has issued a notice and scheduled the matter for further hearing on March 16, marking a critical juncture in this ongoing legal dispute.
Implications and Broader Context
This case highlights the complex interplay between legal procedures and political considerations in India. The Himachal Pradesh government's persistent efforts to withdraw these FIRs underscore a commitment to what it perceives as justice and public welfare, particularly in cases deemed minor or non-violent.
As the Supreme Court prepares to deliberate on this matter, the outcome could set a significant precedent for similar cases across the country, influencing how state governments handle prosecutions involving public figures and non-serious offences in the future.
