Bengaluru, July 2 (IANS) The Karnataka High Court’s decision to stay the withdrawal of prosecution in 52 criminal cases, including those arising out of the riot and communal clash at Aland in Kalaburagi district, is being seen as a setback for the Congress government in the state.
The development has also revived allegations by the Bharatiya Janata Party (BJP) that the Congress government is indulging in “appeasement politics.”
In a significant development, the Karnataka High Court stayed the Congress government’s decision to withdraw prosecution in 52 criminal cases, including those arising out of the riots at the Aland Ladle Mashak Dargah in Aland taluk of Kalaburagi district.
The BJP has termed the High Court’s order a “tight slap” to the Congress government. The ruling Congress, however, maintained that it had acted within the legal framework and had not violated any law.
Meanwhile, petitioner Girish Bharadwaj argued that such decisions would demoralise the police force.
“The government should think about the morale of the police personnel who were attacked by the rioters,” he said.
Speaking to IANS, petitioner and advocate Girish Bharadwaj said the Karnataka government is hell-bent on misusing Section 321 of the CrPC.
Earlier, it attempted to withdraw prosecution in the Hubballi riots case, which was struck down by the Karnataka High Court in May 2025. Now, the government has come up with another move to withdraw prosecution in around 52 cases. They claim these cases involve Kannada activists and others. However, the major cases relate to the Aland riots, which are extremely serious. In those incidents, the police and their vehicles were attacked, and the situation was akin to a full-scale riot.
It can be noted that a Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha passed the interim order after prima facie finding fault with the state’s invocation of Section 321 of the Code of Criminal Procedure (CrPC) to seek withdrawal of the prosecutions. The Bench observed that the government’s action appeared to be contrary to the Karnataka High Court’s earlier directions governing the withdrawal of criminal cases.
Bharadwaj further said the state government has gone to great lengths to please or appease certain sections. It is not even concerned about the morale of police personnel who were attacked by the rioters. The matter was placed before the Cabinet. Section 321 of the CrPC clearly states that the Public Prosecutor must independently apply his mind before deciding to withdraw a case.
The Karnataka High Court had clarified this in an earlier judgment in a case filed by him, observing that Public Prosecutors are not bound by government orders.
Despite that, the government placed the matter before the Cabinet, which approved the withdrawal of prosecution in 52 cases. Several of these cases involve communal violence and attacks on police personnel. They challenged the Cabinet’s decision before the Karnataka High Court, which has now found a prima facie case and stayed the government’s order, he added.
Asked whether the High Court’s order would deter the government from withdrawing criminal cases that could demoralise the police force, Bharadwaj said it is for the government to rethink its actions. In both the earlier case and the present one, the High Court has made it clear that these cases are not fit for withdrawal. In almost all of these 52 cases, the prosecution itself has maintained that the cases should proceed and should not be withdrawn. The government should think about the morale of the police personnel who were attacked by rioters.
They should also think about the peace and tranquillity of society, which was disturbed during those incidents. Allowing rioters to go free would certainly dent the image of both the government and the police. It would also have serious consequences for society, Bharadwaj said.
Welcoming the High Court’s order, BJP National Yuva Morcha President and Bengaluru South MP Tejasvi Surya congratulated Bharadwaj. “This is a slap on the state government’s face, which sought to selectively and unconstitutionally withdraw cases to appease its vote bank,” he said.
Responding to the High Court’s interim stay, Home Minister Priyank Kharge defended the Congress government, saying it would study the court’s order before taking any further decision.
“We will discuss the matter after obtaining a copy of the High Court’s order. The list of cases also includes those involving BJP leaders. We have not issued any order in violation of the law. The Cabinet decided within the legal framework,” Kharge said.
The High Court’s order has triggered a fresh political debate in Karnataka. Earlier, the court had also set aside a government order directing Public Prosecutors to withdraw prosecution in 43 criminal cases involving persons accused in communal violence and other offences.
The Public Interest Litigation (PIL), filed by advocate Girish Bharadwaj, argued that the executive had usurped the independent discretionary powers vested in the Public Prosecutor under Section 321 of the Code of Criminal Procedure (CrPC), 1973.
The petitioner further contended that the decision to withdraw prosecution was not based on any public interest. The High Court has issued notice to the State Government and the Directorate of Prosecution, directing them to file their responses within two weeks.
–IANS
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