Karnataka HC stays withdrawal of 52 criminal cases

Bengaluru: The Karnataka High Court on Thursday stayed a state government notification providing for the withdrawal of prosecution in 52 criminal cases, dealing a setback to the ruling Congress government.

A Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha issued notices to the state government and the Prosecution Department on a public interest litigation (PIL) filed by advocate Girish Bharadwaj challenging the notification.

The petitioner alleged that the government order sought to withdraw cases involving "influential people" capable of influencing government decisions and contended that the exercise was arbitrary and contrary to law.


Pending further hearing, the Bench directed that no public prosecutor shall act upon the government notification. It also asked the state to file its response within two weeks and posted the matter for hearing on July 27.

On May 21, the Cabinet, then chaired by Chief Minister Siddaramaiah, approved the withdrawal of criminal cases against individuals involved in a range of protests and incidents, including pro-Kannada agitations, Cauvery and Kalasa-Banduri protests, as well as cases relating to the 2002 riots in Aland in Kalaburagi district.

Home Minister Priyank Kharge said the government followed the due process of law, as it did in earlier instances, and he would respond after examining the court order. The cases withdrawn included BJP workers, too, he added.

The Opposition BJP welcomed the High Court's interim order, describing the Cabinet's decision as an instance of "toxic appeasement politics" aimed at consolidating its vote bank.

"The judiciary has sent a clear message: the Constitution of India cannot be mortgaged for Congress's vote-bank politics," the party said in a post on X.

The BJP alleged that the Siddaramaiah-DK Shivakumar government misused Section 321 of the Code of Criminal Procedure to facilitate the withdrawal of cases, claiming the move violated established legal principles and undermined the rule of law.