The Karnataka High Court on Thursday struck down an order issued by the Congress-led state government directing public prosecutors to withdraw from 43 criminal cases, declaring the move illegal and without legal standing from its inception.
A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind ruled that the state government’s directive violated Section 321 of the Criminal Procedure Code (CrPC), which permits withdrawal of prosecution only with the court’s consent and at the discretion of the public prosecutor.
“The government order is set aside. It is declared non est from the beginning. Legal consequences will follow,” the court stated, in its interim order allowing a public interest litigation filed by advocate Girish Bharadwaj.
The order in question, dated 15 October 2024, had directed withdrawal of prosecution in cases registered between 2008 and 2023. These included politically sensitive cases, among them the 2022 Hubballi riot case in which a mob vandalised a police station following protests over a controversial social media post.
A total of 139 people, including AIMIM leader Mohammed Arif, were named as accused in the case.
Advocate Venkatesh Dalwai, representing the petitioner, argued that the executive had overstepped its bounds. He stressed that under the CrPC, only the public prosecutor, with the court’s approval, is empowered to withdraw from prosecution. “The prosecutor is not a post office for the executive,” Dalwai told the court.
The petition alleged that the government selectively chose cases to benefit individuals with political connections. Among the cases earmarked for withdrawal were those involving Kannada activists, farmer leaders, and senior Bharatiya Janata Party (BJP) figures such as former minister MC Sudhakar and CT Ravi.
The case attracted widespread criticism from opposition leaders, notably Union Minister and senior BJP leader Pralhad Joshi, who represents Hubballi-Dharwad in Parliament.
He termed the move “the height of appeasement”, especially in reference to the withdrawal of the Hubballi riot case, which involved charges under the Unlawful Activities (Prevention) Act (UAPA).
Joshi pointed out that the matter was already before a special NIA court, questioning the state’s authority to seek withdrawal.
Defending the order earlier this month, Chief Minister Siddaramaiah had insisted that the cabinet had the power to approve such withdrawals based on recommendations from a sub-committee led by the home minister. “The cabinet has approved the sub-committee’s decision,” Siddaramaiah had said.
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