Uttarakhand HC Takes Suo Motu Cognizance of Pending Criminal Cases Against MPs and MLAs

The Uttarakhand High Court has taken suo motu cognizance of the backlog of criminal cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) in the state and has sought a response from the government within two weeks.

A division bench, comprising Acting Chief Justice Manoj Kumar Tiwari and Justice Vivek Bharti Sharma, has directed the state government to furnish information regarding the number of criminal cases filed against MPs and MLAs in Uttarakhand and their current status.

The court has granted a two-week period for the state government to submit its reply. While acknowledging that the Supreme Court had previously issued instructions on this matter, the court noted that the government has yet to provide the list of pending cases against MLAs and MPs, prompting the present suo motu action.

In August 2021, the Supreme Court directed all high courts to expedite hearings for pending criminal cases involving MPs and MLAs. The apex court expressed concern over state governments misusing Section 321 of the Indian Penal Code to withdraw cases against their MPs and MLAs. The court highlighted instances such as the Uttar Pradesh government withdrawing cases against Muzaffarnagar riot accused Sadhvi Prachi and Sangeet Som, despite the Supreme Court’s order prohibiting such withdrawals without high court permission.

In line with the Supreme Court’s directives, the high courts were instructed to establish special courts to facilitate the prompt disposal of such cases.

The Uttarakhand High Court’s recent suo motu cognizance reflects the ongoing concern regarding the handling of criminal cases involving elected representatives in the state.