The Supreme Court on Wednesday (September 9, 2026) permitted the Himachal Pradesh government to withdraw criminal prosecutions in 39 cases against sitting and former legislators for actions taken during the pandemic, including protests and effigy burning. The decision was made by a bench headed by Chief Justice of India Surya Kant, with justices Joymalya Bagchi and V Mohana. The court noted that the cases involved non-serious offenses and that continuing prosecution would hinder the administration of justice.

The state government had initially sought to withdraw 65 cases against lawmakers across party lines, but the Himachal Pradesh High Court in April 2024 allowed only 15 cases to be withdrawn. During the pendency of the application, five more cases were disposed of, leaving 45 cases. The High Court had previously required the state to obtain its approval for the withdrawal, citing a 2021 Supreme Court directive to prevent abuse of the power to withdraw prosecution.

In its ruling, the Supreme Court bench stated that the incidents in question occurred during the exceptional circumstances of the pandemic, when people, including public representatives, were in distress. The court emphasized that the cases did not involve grave or heinous crimes, nor did they suggest that the accused were hardened criminals or repeat offenders. The bench also noted that the continuation of prosecution in these cases would impede the progress of trials in more serious matters.

The state’s additional advocate general, Vaibhav Srivastava, informed the court that only 39 of the 45 remaining cases were under consideration, as six had already resulted in acquittals or discharges. The High Court had previously pointed out that some district attorneys had not consented to the withdrawal, and the state had not met the requirement of obtaining an independent opinion from the public prosecutor before applying to the high court.

The remaining 45 cases, which include charges under Sections 269, 352, 504, 506 of the IPC, and Section 51 of the Disaster Management Act, remain unresolved. The exact nature of the allegations in these cases, as well as the legal reasoning behind the High Court’s initial refusal to allow their withdrawal, is not fully detailed in the available sources. Further clarification on the status of these cases and the rationale for their non-withdrawal is needed.