Criminal cases against MPs-MLAs cannot be withdrawn without a High Court order

Clarification to the governments of the Supreme Court

Why is it taking so long to file a status report? : Strict questions from the Supreme Court to the CBI

New Delhi: The Supreme Court on Tuesday heard a petition filed by advocate Ashwini Upadhyay, saying state governments could not withdraw any criminal cases against current and former MPs as well as MLAs without the High Court's permission.

The statement was made by a bench of Chief Justice of the Supreme Court N V Ramanna. The chief justice also slammed the CBI for not filing a status report in the cases. As the status report was not filed by the CBI, the Chief Justice asked why the report was not filed.

When this case started we were confident that the government was very serious about it and wanted to do something. Nothing happened though. So far no progress has been made. What can you expect from us if you are hesitant to file a status report?

The petition filed by Supreme Court lawyer and BJP leader Ashwini Upadhyay was being heard. Convicted MPs and MLAs were asked to contest elections for life as well as set up special courts and expeditious disposal of cases.

Senior advocate Vijay Hansaria, in his reply to the apex court, said that no status report was received from the CBI. The apex court later clarified during the hearing that criminal cases against MPs and MLAs could not be withdrawn without a High Court order.