Chandigarh, March 27
Punjab Vidhan Sabha could have raised the issue of withdrawal of court cases against politicians yesterday, but for an “adverse” report from the state Advocate General, Hardev Singh Mattewal, that pointed out that the House had “no powers to interfere in the matter”.

On the last day of the Budget session yesterday, Speaker Nirmal Singh Kahlon had told the House that though the Advocate General’s reply (regarding cases’ withdrawal) had been received, it would be taken up in a later session.

The 10-page opinion from Mattewal, a copy of which is with The Tribune, clearly states that the “House had no powers to intervene in the ongoing cases”, but at the same time suggests: “This august House, as representing the will of the people of the state, can legitimately draw the attention of the government to the feeling of the public regarding the bitterness (read political vendetta)… and take necessary steps as per law.”

Notably, the bonhomie between the ruling SAD-BJP alliance and the Opposition during the Budget session had led Deputy Speaker Satpal Gosain to write a letter to the Speaker seeking withdrawal of the cases against politicians. And the House had suggested that a legal opinion be sought first from the AG.

On March 11, Vidhan Sabha secretary Ved Parkash had written to Mattewal, briefing him about the proceedings of the House and giving him time until March 25 to respond. Mattewal submitted his opinion on time but it was not taken up in the House, apparently because the view was not on the expected lines.

Now the only way out for the politicians, as opined by Mattewal, was recourse to Section 321 of CrPC -- dealing with the power for withdrawal of a case by the prosecution following approval from the court.