The Karnataka High Court on Thursday stayed the state government’s decision to withdraw prosecution in 52 criminal cases, marking an immediate setback to the Congress government’s controversial decision that had raised allegations of political favoritism and appeasement.
A bench of senior justices Vibhu Bhakru and KS Himalekha also directed that “no public prosecutor shall act on the government’s order till further orders.”
Issuing notice to the state government and the Directorate of Prosecutions, the Supreme Court adjourned the case for further hearing on July 27 and asked the defendants to file their replies within two weeks.
The state’s decision to withdraw the cases had drawn sharp criticism from the opposition, particularly the Bharatiya Janata Party, which accused the Congress government of selectively dropping prosecutions involving communal violence and politically influential people.
Among the cases approved for withdrawal are seven cases arising out of 2022 communal violence in the Hazrat Ladl Machak Dargah area of Aland, in Karnataka’s Kalaburgi district, along with cases involving pro-Kannada organisations, farmer groups and Dalit activists.
However, the state maintained that its decision was the result of a “detailed Cabinet subcommittee review.”
The Supreme Court granted an interim injunction on a public interest litigation filed by advocate Girish Bharadwaj, who sought quashing of the government order on the grounds that it had illegally directed prosecutors to withdraw criminal cases.
The petition says that under Section 360 of the Bharatiya Nagarik Suraksha Sanhita Act, the decision to withdraw prosecution rests “solely with the Public Prosecutor, subject to the approval of the trial court, and not with the executive.”
The petitioner also alleged that the government’s order was identical to an earlier order issued by the state in October 2024, which was invalidated by another bench of the Supreme Court in May last year, after holding that the executive could not usurp the independent discretion vested in prosecutors.
According to the petition, the withdrawal process began after former Karnataka Legislative Assembly Speaker Uta Khader wrote to the state home minister requesting withdrawal of cases arising out of communal violence in Aland, describing the accused as “innocent persons”.
The petition further alleges that the Directorate of Prosecutions later informed that the cases did not meet the legal requirements for withdrawal. Despite this, the Council of Ministers agreed to withdraw the prosecution in 52 cases.
The petition also sought an appropriate order or direction in the nature of guidelines governing the exercise of the power to withdraw prosecution under Section 321 of the Code of Criminal Procedure, 1973 / Section 360 of the BNSS binding on the State of Karnataka and all its agencies.
The petition also alleges that many of the cases involve serious crimes, including “rioting, unlawful assembly, creating enmity between communities, assaulting public officials, damaging public property, and attempted murder.”
It says that the Council of Ministers ignored the independent opinions of the Public Prosecution and the police authorities and acted for political considerations outside the public interest.
While granting interim relief, the bench headed by Chief Justice Bakhru recorded the contention of the petitioner that the GO was contrary to the court’s earlier judgment which had struck down a similar order. “In view of the above, the contested decision remains pending until the next session for consideration.”
