New Delhi: The Supreme Court has clarified its earlier order regarding withdrawal of criminal cases against political leaders, stated that it has not been against the withdrawal of cases, but such cases should be examined by the High Court concerned. 

Supreme Court has said that the state governments have the power to withdraw the cases, but it has to be scrutinized by the High Courts. Court has also expressed concern over inordinate delay in the investigation of cases filed before the Enforcement Directorate and Central Bureau of Investigation against the MPs, MLAs and MLCs. Court has suggested the Centre provide necessary human resources and infrastructure for speedy disposal of the cases. 

A bench headed by Chief Justice N.V. Ramana, Justice D.Y. Chandrachud and Justice Surya Kant observed that detailed order will be passed in this regard. Besides bench also stated that it was not saying anything or expressing any opinion on the investigating agencies like ED or CBI as it will lower their morale but they should ensure that trials are completed expeditiously.

Read: Publish criminal records of candidates on website: SC directs political parties

While hearing the PIL filed by Supreme Court advocate Ashwini Upadhyay, seeking speedy disposal of cases against MPs, MLAs and MLCs , the bench observed that there are 200 cases are pending for disposal before CBI and ED courts. Solicitor General’s reply in this matter is inconclusive. No specific reasons were provided regarding delays in filing the charge sheet even after 10 to 15 years. Simply, attaching properties worth crores of rupees does not serve any purpose," the remarked. 

The petitioner’s counsel has informed the court that over 120 lawmakers, including 51 sitting and former MPs are accused of money laundering and being probed by the Enforcement Directorate, while the CBI has booked 121 others for various criminal offences.

Read: Criminal cases against MPs, MLAs can’t be withdrawn without HCs permission: Supreme Court

"We are not opposing the withdrawal of cases by the state governments. They have the power to do so if they have been maliciously instituted but what we are saying that they have should be examined by a judicial officer or the High Court. The governments must move high courts for the withdrawal of cases. We will examine this point and issue necessary directions", the court observed. 

Solicitor General argued that in money laundering cases, money has been parked in abroad. It takes time to ascertain the trail of funds. The agency has to send letters to different countries and wait for their responses due to which enough time is consumed.