The Karnataka High Court on Thursday, May 29, overturned the state government’s controversial decision to withdraw prosecution in 43 criminal cases, including those involving former ministers and MLAs. Among the cases was the 2022 Hubballi riots case.
A division bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind passed the order while allowing a public interest litigation (PIL) filed by Bengaluru-based advocate Girish Bharadwaj.
The PIL challenged the legality of a government order dated October 15, 2024, which directed public prosecutors to withdraw 43 cases registered between 2008 and 2023 across various police stations in Karnataka.
These included cases filed against individuals involved in the attack on a police station in Hubballi in April 2022 and against political leaders such as C.T. Ravi, M.P. Renukacharya, M.C. Sudhakar, Karnataka Rakshana Vedike president T.A. Narayana Gowda, and Karnataka Rajya Raitha Sangha president Kuruburu Shanthakumar.
The court ruled that the state government’s order violated Section 321 of the Criminal Procedure Code (CrPC), which governs the withdrawal of criminal cases. The bench observed that allowing such a withdrawal would undermine the rule of law and run contrary to public interest.
“In view of this, it is declared that the order shall stand non-est from inception. The consequences in law shall follow,” the court said, effectively nullifying the government’s decision.
The PIL argued that the move to drop the cases was politically motivated and lacked legal justification. It noted that the withdrawal was initiated at the request of certain political leaders and organizations, including Anjuman-E-Islam, and was endorsed by a cabinet sub-committee despite objections from key legal departments.
The PIL pointed out that the government order was issued despite opposition from the Police Department, the Department of Prosecutions and Government Litigations, and the Law Department — all of which had advised against the withdrawal.
The petitioner also cited a Supreme Court ruling which states that the decision to withdraw criminal cases must rest solely with the public prosecutor, who should independently assess each case and seek the court’s permission.