Karnataka High Court seeks State response to PIL against move to withdraw 43 criminal cases

The Karnataka High Court on Thursday asked the State government to file its response to a public interest litigation (PIL) that has challenged the Congress-led regime's decision to order public prosecutors to withdraw 43 criminal prosecutions in various cases, including those linked to the 2022 Hubballi riots. .A Bench of Chief Justice NV Anjaria and Justice MI Arun observed that a strong prima facie case had been made out by the petitioner and posted the matter for further hearing on March 17. .The plea has been filed by a lawyer named Girish Bharadwaj, who contended that the State cannot issue such dictates to public prosecutors. He pointed out that under Section 321 (withdrawal of prosecution) of the Code of Criminal Procedure (CrPC), public prosecutors have the final say in such matters.Appearing for the petitioner, Advocate Venkatesh Dalwai cited Supreme Court judgments which lay down that the prosecutor's office is not expected to act like a post office and that the State cannot exert pressure on prosecutors to withdraw cases.He further argued that in this matter, the Law Department as well as the Prosecution and Government Litigations Department had opined that the 43 cases were not fit for withdrawal.Despite this, the State's Home Department proceeded to issue an order on October 15, 2024, directing prosecutors to file applications under Section 321 of the CrPC for the withdrawal of the criminal cases, which involve serious charges such as rioting, attempt to murder, attacks on police officers and criminal trespass. This includes the Hubballi riots cases, which involve allegations that a mob of Muslim persons threw chappals at a police station and destroyed property on the premises after a protest outside the station escalated. The protests followed unrest after a man put up an inflammatory social media post..According to reports, other cases proposed to be withdrawn include those against farmer leaders and Kannada activists. The petitioner added that these cases involved influential people and politicians, which further cast doubt on the motives of the State."Several criminal cases were registered in several police stations across the State of Karnataka from 2008 to 2023. Out of those, 43 cases were cherry-picked and were proposed to be withdrawn from the prosecution. The 43 cases proposed are of highly influential personalities such as Former Ministers, MLAS, Presidents of influential organizations, indicating ulterior motives behind the proposal," the plea filed through Advocate Shridhar Prabhu of Nayana Law said..Dalwai thus urged the Court to suspend the operation of the October 2024 State order.However, the Bench declined to do so after noting that the trial courts concerned were yet to decide on the withdrawal applications that were directed to be filed on the State's directions."The court (courts dealing with the Section 321 CrPC applications for withdrawal of cases) is yet to apply mind. We can't prejudge. You can show this to the courts, no court will permit withdrawal. If court permits, it will be at the peril of the Court also," Chief Justice Anjaria orally observed..[Read Live Coverage]