K'taka High Court nullifies state's order to withdraw 43 criminal case

Bengaluru: The Karnataka High Court on Thursday struck down the state government's decision to withdraw 43 criminal cases, including those linked to the 2022 Hubballi police station riot.

A bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind set aside the state's directive to prosecutors, ruling against the withdrawal of these cases.

The verdict follows a Public Interest Litigation (PIL) filed by advocate Girish Bharadwaj, challenging the Government Order (GO) on the matter.

The High Court has completely invalidated the state government's order to withdraw the cases, declaring it null from the start. As a result, all 43 criminal cases — including those related to the Hubballi riots —are expected to resume as if they were never withdrawn.

The cases that were sought to be withdrawn included cases against farmers’ leaders and Kannada activists, besides the cases lodged against the accused in the Hubballi riot case.

Petitioner Bharadwaj submitted to the court that the state can’t ask public prosecutors to withdraw criminal cases, and they have the final say in this regard under Section 321 of the CrPC, which provides scope for withdrawal of cases.

The petitioner emphasised that the Department of Law, the Government Litigations Department, and the Prosecution had opposed the withdrawal of criminal cases related to rioting, attempted murder, and attacks on police officers.

The Hubballi riot case was specifically highlighted in the petition. The unrest erupted after an objectionable social media post, leading an angry mob to vandalise the police station and hurl chappals at it.

The petition argued that the government's decision to withdraw these cases raised concerns about its motives.

“The 43 cases were cherry-picked. Highly influential persons such as former ministers, legislators, and presidents of powerful organisations are involved,” the petition noted.

(inputs from IANS)