The Supreme Court has ruled that prosecution for severe crimes, such as double murder, cannot be withdrawn simply because the accused holds a position as an elected representative. The Court emphasized that being an elected official does not automatically confer a positive public image.
In this landmark decision, a bench of Justices Vikram Nath and Satish Chandra Sharma overturned the withdrawal of prosecution against Chhote Singh, a former BSP MLA and current BJP member, implicated in a 1994 double-murder case. The Court criticized the Trial Court’s leniency in allowing the withdrawal, highlighting the undue political influence exerted by Singh and the casual approach of the judiciary in handling serious accusations against him.
The Supreme Court underscored that withdrawal of prosecution in such serious cases, solely on the basis of the accused’s public image, is not in the public interest. This stance directly challenges the Trial Court’s earlier decision, which had permitted the withdrawal, erroneously deeming it beneficial for the public.
Chhote Singh, elected as an MLA in 2007, faced the State’s withdrawal application under Section 321 of the Criminal Procedure Code in 2008, which was approved by the trial court in 2012. The initial complainant contested this decision through a revision petition in the Allahabad High Court, which was dismissed in 2023, prompting an appeal to the Supreme Court.
The judgment expressed grave concerns over the manipulation of judicial processes by powerful individuals, noting that such influence leads to delays and questions the fairness of legal proceedings. The Court criticized the Allahabad High Court for its repeated adjournments, which delayed the resolution of the complainant’s petition for 12 years, effectively stalling the trial.
The Supreme Court’s decision sends a strong message against the misuse of political power to evade justice and highlights the necessity for timely and impartial adjudication in the legal system.
