The Supreme Court on Wednesday (September 9, 2026) permitted the Himachal Pradesh government to withdraw criminal prosecutions against sitting and former legislators for petty offences and transgressions, including burning of effigies and dharnas (protests) on highways, committed during the pandemic period.
A Bench headed by the Chief Justice of India, Surya Kant, was hearing a State government challenge to a Himachal Pradesh High Court order of April 2024 allowing the withdrawal of only 15 out of a total of 65 cases against sitting or former MLAs. The decision to withdraw the prosecution was on the basis of directions issued by the Home Department in December 2022.
555 cases pending against sitting and former MPs, MLAs in Kerala
“There is nothing serious in these cases. There was no damage to public property, and there was no injury caused,” the counsel said.
The apex court said that out of the total 65 cases pegged for withdrawal in the High Court, five were disposed of while the matter was pending there. While the High Court went on to permit the withdrawal of 15 cases, 45 were left. Of this, four cases had resulted in acquittal or discharge.
The Bench observed that the incidents alleged in these cases pertained to the period of the COVID-19 pandemic, which was an exceptional situation where people, including public representatives, were in distress in different ways.
The High Court had refused to allow withdrawal of cases about the alleged offences, including under Sections 269 (negligent acts likely to spread infection of disease dangerous to life), 353 (assaulting or using criminal force against a public servant to deter them from discharging their duties) and 506 (criminal intimidation) of the IPC, and sections of the National Highways Act and the Disaster Management Act.
