BENGALURU: The Karnataka High Court on Thursday has set aside the decision taken by the state government to withdraw the prosecution of the accused, including former ministers and MLAs, in 43 criminal cases registered in various police stations of the state.
The 2022 Hubballi riots case one among the 43 cases.
The division bench of Chief Justice NV Anjaria and Justice KV Aravind pronounced the order while allowing the public interest litigation filed by city-based lawyer Girish Bharadwaj questioning the legality of the government order dated October 15, 2024.
Referring to the contention of the petitioner that the decision in question is against Section 321 of CrPC, the court said that if allowed to be sustained the said decision, it would work contrary to the object and spirit of Section 321, discounting the rule of law and working in its ultimate analysis, against the public interest.
In view of this, it is declared that the order shall stand non-est from the inception. The consequences in law shall follow, the court said while setting aside the order.
It was contended before the court that the Sl.No. 6 in the impugned order was a case where a request was initiated by one organisation called Anjuman-E Islam and also by the Deputy Chief Minister for the withdrawal of cases.
The petitioner contended that several criminal cases have been registered with different police stations across the state between 2008 and 2023. Out of these cases, 43 cases are selected to be withdrawn from the prosecution.
These 43 cases involve highly influential personalities such as former ministers, Members of Legislative Assemblies, presidents and other persons holding high positions, he alleged while pointing out the serious charges levelled against the accused under the Unlawful Activities (Prevention) Act and the Prevention of Destruction of Public Property Act and Religious Institution (Prevention of Misuse) Act.
Accepting the recommendation of the cabinet sub-committee, the state government had given its approval to withdraw from prosecution under Section 321 of CrPC in a total of 43 cases despite the opinion given by the Police Department, Department of Prosecution and Government Litigations and Law Department that these cases are not fit for withdrawal.
Following the decision, the state government directed the Director of Prosecutions and Government Litigation to take appropriate action as per rules to submit the necessary application to the competent court for the withdrawal of 43 cases, in breach of Section 321 of the CrPC.
The petitioner contended that the discretion to withdraw the case from prosecution lies with the public prosecutor to be examined on a case basis independently and that the withdrawal can be effected with the consent of the court.
It is the opinion of the Public Prosecutor or Assistant Public Prosecutor, as the case may be, would weigh in justifying the withdrawal of the case from prosecution, the petitioner drew the attention of the court while citing a decision of the Supreme Court in support of his arguments.