‘Ethics panel can`t recommend criminal case withdrawal against MLAs
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Last Updated: Friday, August 07, 2009, 19:58
New Delhi: The Supreme Court has held that the Ethics Committee of the legislature has no power to recommend withdrawal of criminal cases against legislators and slammed Andhra Pradesh government for trying to bail out an MLA booked in a criminal case.

"The ethics committee had no jurisdiction to make such recommendations. If the state had acted on the basis of recommendations made by a body which had no role to play, its action would be vitiated by law. Recommendations of the Ethics Committee being unauthorized, the action of the state would attract the doctrine of malice in law," a bench of Justices S B Sinha and Deepak Verma said.

The apex court passed the ruling in a judgement dismissing the appeals filed by the state government and Congress legislator Yerneni Raja Ramchander against whom police had booked criminal cases for allegedly submitting false medical bills on his and wife's behalf for reimbursement from public exchequer.

The state had earlier moved an application before a trial judge in Hyderabad for withdrawal of the criminal cases, which was rejected and the High Court affirmed the trial judge's ruling following which the government and the MLA appealed in the apex court.

Coming down heavily on the state, the apex court said the state had shown "unusual alacrity" in withdrawing the criminal cases against the legislator.

Bureau Report

First Published: Friday, August 07, 2009, 19:58

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