Karnataka HC stays withdrawal of prosecution in 52 criminal cases

The Karnataka High Court stayed the state cabinet's decision to withdraw prosecution in 52 criminal cases, including those linked to the 2022 Aland Dargah riots. The court sought responses from the government and prosecution while examining the legality of the withdrawal order

Bengaluru: The High Court of Karnataka on Thursday stayed the state cabinet’s decision to withdraw prosecution in 52 criminal cases, including those linked to the 2022 Aland Ladle Mashak Dargah riots. The bench of Chief Justice Vibhu Bakhru and Justice K S Hemalekha prima facie found fault with the State’s invocation of Section 321 CrPC violating the earlier order of the HC to seek withdrawal of prosecutions against the accused.

The court issued notice to the state government and the Directorate of Prosecution, and directed them to file their responses within two weeks.

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Advocate Girish Bharadwaj had petitioned the court to issue a writ of certiorari or any other appropriate writ to quash the government order dated May 27 directing the Public Prosecutors under Section 321 of the Code of Criminal Procedure, 1973/ corresponding provision of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to withdraw the cases filed in various police stations in the state in the interest of justice.

He also requested a direction to call for and quash the cabinet approval or decision dated May 21, together with all records pertaining thereto, and consequently quash all consequential orders, notifications, communications and directions issued pursuant thereto in the interest of justice.

The petition also requested an appropriate order or direction in the nature of guidelines governing the exercise of the power of withdrawal of prosecution under Section 321 of the Code of Criminal Procedure, 1973 / Section 360 of the BNSS binding upon the State of Karnataka and all its agencies.

The Karnataka cabinet on May 21 decided to withdraw prosecution in 52 criminal cases including those against farmers and pro-Kannada activists.

At least eight cases connected with rioting in Kalaburagi district’s Aland were also decided to be withdrawn. Opposition BJP had targeted the Congress government for withdrawing Aland riots related cases, accusing it of compromising the rule of law for what it described as “appeasement politics”.

The Aland case date backs to March 1, 2022, when some BJP workers wanted to perform a purification ritual of Shivalinga inside the dargah, alleging that it was desecrated. The issue led to communal violence, leading to prohibitory orders clamped in the area.