Daijiworld Media Network – Bengaluru

Bengaluru, May 29: In a significant legal setback to the Siddaramaiah-led Congress government, the Karnataka High Court on Thursday quashed the state government's order to withdraw 43 criminal cases, including those related to the 2022 Hubballi riots.

The decision to drop these cases was taken by the state cabinet, and in October 2024, the government had issued orders to withdraw criminal cases filed against former ministers, ex-MLAs, activists from various organisations, and members of influential bodies.

Among the cases withdrawn were serious criminal charges connected to the 2022 violence in Old Hubballi, which had drawn significant public attention.

However, Girish Bharadwaj, a concerned citizen, filed a Public Interest Litigation (PIL) challenging the government's decision. After hearing the petition, a division bench of the High Court comprising Chief Justice N V Anjaria and Justice K V Aravind delivered a verdict today, striking down the state government's order.

The 2022 Hubballi riot case, in which a group attacked and assaulted several police personnel in connection with a controversial social media post, is among the 43 cases the Karnataka High Court has quashed the withdrawal of.

Several of these cases involved serious charges under the Unlawful Activities (Prevention) Act, 1967, the Prevention of Damage to Public Property Act, 1984, and the Religious Institutions (Prevention of Misuse) Act, 1988, as noted in the petition.

The petitioner argued that the government’s order issued on October 15, 2024, violated Section 321 of the Criminal Procedure Code, which explicitly empowers only the public prosecutor to initiate steps to withdraw from prosecution. It was contended that the state cabinet does not have the authority to instruct the withdrawal of criminal cases under this section.

After hearing both sides, the court observed that if the cabinet’s decision is found to be legally unsound, it cannot be allowed to stand. The court further held that permission to withdraw such cases cannot be granted, especially when they involve serious offences and politically influential individuals.

The bench concluded that the petitioner’s argument — that the withdrawal of cases contradicts Section 321 of the CrPC —appears, at first glance, to be valid.

The ruling is being viewed as a major judicial rebuke to the government’s move to grant relief to political and organisational figures through executive decisions.