BENGALURU : The Karnataka High Court on Monday restrained the BJP-led government from en masse withdrawal of criminal cases against its elected representatives, including MLAs, MPs and ministers, such as JC Madhu Swamy, BC Patil, Anand Singh, Renukacharya, MP Pratap Simha, Independent MP Sumalatha Ambareesh and others.
A division bench of Chief Justice Abhay Shreeniwas Oka and Justice S Vishwajith Shetty passed the interim order restraining the State government from withdrawing cases against the accused, based on an order passed on August 31, 2020.
The Bench said the government advocate had sought time to comply with court directions. "A case is made out for interim relief by the petitioner. Accordingly, we direct that no steps should be taken on the basis of the order dated August 31, 2020," the Bench said, while giving the government one more opportunity to comply with the order.
The Bench was hearing the public interest litigation filed by People's Union For Civil Liberties-Karnataka (PUCL-K) questioning the decision taken by the government at the cabinet meeting to withdraw 61 cases.
Petitioner's counsel Clifton Rozario submitted that the government had resolved to grant permission for withdrawal of prosecution, and the Director, Department of Prosecution and Government Litigation, was suggested to file necessary applications before the concerned courts where the cases are pending. "The criminal cases ought not to be withdrawn. Importantly, a number of cases pertain to destruction of public property and communal crimes," he argued.
On the last date of hearing, the Bench noted that the Apex Court had held that even if the government instructs the public prosecutor to withdraw from prosecution of a case, the latter, after applying his mind to the facts of the case, may either agree with the instructions and file a petition before court stating grounds of withdrawal, or disagree, having found a good case and refuse to file the withdrawal petition.
The Apex Court had further observed that the public prosecutor cannot act like a post box or on the dictates of the state government, and has to act objectively as he is also an officer of the Court. The Bench had also stated that action under Section 321 of the Code of Criminal Procedure, 1973, can be taken only with permission of the court. No court is bound by such a decision to withdraw from prosecution.
Even if an application is made under Section 321 of CrPC, courts are duty-bound to assess whether a prima facie case is made out or not, and the court has power to reject the prayer, it said. While passing this order, the Bench on December 1, 2020, had directed the government to forward copies of the order to public prosecutors to whom instructions were given to withdraw from prosecution in 61 cases. However, this order was not complied with, so the Bench passed the interim order. Further hearing will be held on January 29, 2021.