Supreme Court allows Himachal to withdraw COVID cases against sitting and former MLAs

The Supreme Court said that out of a total of 65 cases slated for withdrawal in the High Court, five were disposed of while the matter was pending there. File | Photo credit: Special arrangement

The Supreme Court on Wednesday (September 9, 2026) allowed the Himachal Pradesh government to withdraw prosecutions against sitting and former legislators for petty offenses and misdemeanours, including burning effigies and dharnas (protests) on highways, committed during the pandemic period.

A bench headed by Chief Justice of India Surya Kant was hearing the state government’s challenge to the Himachal Pradesh High Court’s April 2024 order allowing withdrawal of only 15 of the total 65 cases against sitting or former MLAs. The decision to withdraw the prosecution was based on guidance issued by the Home Office in December 2022.

555 pending cases against sitting and former MPs, MLAs in Kerala

“There is nothing serious in these cases. There was no damage to public property and no injury to health,” the lawyer said.

The Supreme Court said that out of a total of 65 cases slated for withdrawal in the High Court, five were disposed of while the matter was pending there. While the High Court allowed 15 cases to be withdrawn, 45 remained. Of these, four cases ended in acquittals or dismissals.

The Bench noted that the incidents reported in these cases were during the period of the COVID-19 pandemic, which was an exceptional situation where people, including members of the public, were distressed in various ways.

The High Court refused to allow the withdrawal of cases relating to the alleged offences, including sections 269 (negligent acts likely to spread a life-threatening disease), 353 (assault or use of criminal force against a public servant to deter him from discharging his duties) and 506 (criminal intimidation) of the IPC and sections of the State Highways Act and the State Highways Act.

Published – 9 Sep 2026 22:42 IST