K'taka High Court nullifies state's direction to withdraw 43 criminal cases, including Hubballi riot cases

Bengaluru, May 29 In a setback to the Karnataka government, the High Court on Thursday nullified the state's move to withdraw 43 criminal cases, including those pertaining to the 2022 Hubballi police station riot cases.

The Karnataka HC Bench headed by Chief Justice N.V. Anjaria and Justice K.V. Aravind passed the order by setting aside the state’s order to prosecutors to withdraw 43 criminal cases.

A Public Interest Litigation (PIL) in this regard was submitted by advocate Girish Bharadwaj challenging the Government Order (GO) in this regard.

The High Court has completely invalidated the state government's order to withdraw the cases, declaring it null from the start. As a result, all 43 criminal cases — including those related to the Hubballi riots —are expected to resume as if they were never withdrawn.

The cases that were sought to be withdrawn included cases against farmers’ leaders and Kannada activists besides the cases lodged against the accused in the Hubballi riot case.

Petitioner Bharadwaj submitted to the court that the state can’t ask Public Prosecutors to withdraw criminal cases and they have the final say in this regard under Section 321 of the CrPC which provides scope for withdrawal of cases.

He also underlined that the Department of Law, Government Litigations Department and Prosecution have opined in the negative to the bid to withdraw criminal cases filed on charges of rioting, attempt to murder, attacks on police officers.

The petition made special mention of the Hubballi riot case.

Following the putting up of an objectionable social media post, an irate mob destroyed the property of the police station and threw chappals at the police station.

The petition stated that the move by the government cast doubt on the motives of the state.

“The 43 cases were cherry-picked. Highly influential persons such as former ministers, legislators, presidents of powerful organisations are involved,” the petition noted.

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