Karnataka High Court Sets Aside State Government's Decision to Withdraw 43 Criminal Cases

The Karnataka High Court has set aside the government's 2024 decision to withdraw 43 criminal cases, including a 2022 case of Hubballi riots. The court declared the decision non-existent and ordered the cases to resume from their original stage. The petitioner argued that the State Cabinet had no power to withdraw cases under Section 321 of the Criminal Procedure Code, and that the decision was contrary to the opinion of the police and prosecution departments.

The Karnataka High Court has struck down the state government's 2024 decision to withdraw 43 criminal cases, including those linked to the 2022 Hubballi riots. The court declared the decision invalid and ordered the cases to resume from their original stage. The ruling comes as a significant setback for the Congress-led state government, which had been accused of arbitrarily withdrawing cases under Section 321 of the Code of Criminal Procedure (CrPC) [1].

The court's decision was based on a public interest litigation (PIL) filed by advocate Girish Bharadwaj, who challenged the government's authority to withdraw the cases. The petition argued that the State Cabinet had no power to withdraw cases under Section 321 of the Criminal Procedure Code, and that the decision was contrary to the opinion of the police and prosecution departments [1].

The court bench, comprising Chief Justice NV Anjaria and Justice KV Aravind, ruled that the government's order was "set aside. It shall be treated as non est from inception. Legal consequences will follow," [1]. The decision was made on the grounds that prosecutors must act independently and not at the behest of the executive, as the cases involved serious offenses such as rioting, attempted murder, and assault on police officers [1].

The state government had directed public prosecutors to withdraw the cases through an order issued on October 15, 2024. The order was challenged by the petitioner, who argued that the decision to withdraw prosecutions lies solely with the public prosecutor and must be based on merit, not political considerations [1].

The court's ruling underscores the importance of judicial independence and the need for prosecutors to act independently. The decision also highlights the potential for political interference in the criminal justice system, which can undermine the integrity of the legal process [1].

The Karnataka High Court's decision is expected to have significant implications for the ongoing cases, including those related to the Hubballi riots. The cases will now resume from their original stage, and the prosecution will continue as per the law [1].

References:
[1] https://m.economictimes.com/news/india/karnataka-high-court-voids-government-order-withdrawing-43-criminal-cases-including-hubballi-riots-firs/articleshow/121490049.cms
[2] https://economictimes.indiatimes.com/news/politics-and-nation/karnataka-hc-stays-cases-against-bjp-it-cell-chief-journalist-over-cong-turkiye-office-issue/articleshow/121357692.cms
[3] https://www.etvbharat.com/en/!bharat/karnataka-high-court-quashes-state-governments-order-to-withdraw-43-criminal-cases-including-hubballi-riot-charges-enn25052904127