Karnataka High Court seeks State's response in challenge to withdrawal of criminal cases against MLAs, Ministers

The Karnataka High Court issued notice to the State of Karnataka and Director General of Police (DGP), Karnataka in a plea challenging a set of government orders and cabinet decisions withdrawing more than 570 criminal cases against various Members of Legislative Assembly (MLAs) and ministers. .Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty sought the response of the State, the DGP and the Director General of Prosecution in a plea by an advocate, Sudha Katwa seeking quashing of all such government orders from 2014 to 2020..Katwa has submitted that since 2014, the government had allowed withdrawal of 570 cases against various MLAs, ministers and political persons by way of various cabinet decisions and government orders under Section 321 of the Code of Criminal Procedure. .The plea further contends that the list of such orders submitted by Katwa is not exhaustive and some information regarding the withdrawal of the criminal cases prior to 2014 and after May 2020 were withheld by the government when information was sought by her under the Right to Information (RTI) Act. .It is Kawta's case that by passing such orders, the State government gave blanket immunity to the accused persons from the criminal justice system and it amounted to gross negligence in upholding the rule of law..Government order directing the prosecution department to invoke Section 321 (Withdrawal from prosecution) of CrPC is "nothing but clear abuse of its power against Public Interest", she has contended. ."This also violates Article 14 of the Constitution where a common and poor person, accused in some minor offences, are constrained to undergo the rigorous Criminal Trial while at the same time, some persons who are accused of serious offences get the approval of the Government by invoking section 321 of CrPC and is acquitted without any punishment."the plea states. .On these grounds, the plea seeks quashing of all the Cabinet decisions and Government orders withdrawing criminal cases against MLAs and Ministers.The plea has also prayed for a direction to be issued to the authorities to ensure that section 321 of the CrPC is strictly construed when it comes to withdrawal of criminal cases. .The matter will be next heard on December 10. .[Read the plea]