HC Junks Govt's Order for Criminal Case Withdrawal

The Karnataka high court on Thursday set aside the state government's order asking public prosecutors to withdraw 43 criminal cases, including those linked to the 2022 Hubballi riots during which hundreds of protesters had surrounded a police station, attacked police officers, pelted stones, and damaged public property.

- Ayesha Arvind

BENGALURU:

A division bench of chief justice NV Anjaria and justice KV Aravind said the state's Government Order (GO) was "illegal" and "violated Section 321 of the Criminal Procedure Code" that deals with withdrawal of prosecution in any case. The bench said the GO shall be treated as non-existent from inception.

"GO is set aside. It is declared that the order shall stand non est from inception. Consequences in law will follow," the high court said.

The court passed the order while allowing a public interest litigation (PIL) filed by lawyer Girish Bharadwaj. The PIL challenged the Siddaramaiah-led Congress government's October 15, 2024, GO that directed prosecutors to withdraw 43 criminal cases registered against several persons between 2008 and 2023. These included serious charges such as rioting, attempt to murder, and attacks on police personnel.

Many accused in these cases were influential persons, including former ministers, MLAs, and leaders of prominent organisations.