Karnataka High Court sets aside State's move to withdraw 43 criminal cases including Hubballi riots matters

The Karnataka High Court on Thursday set aside the Congress-led State regime's decision to order public prosecutors to withdraw 43 criminal prosecutions in various cases, including those linked to the 2022 Hubballi riots [Girish Bharadwaj v. State of Karnataka]..A Bench of Chief Justice NV Anjaria and Justice KV Aravind pronounced the verdict today on a public interest litigation (PIL) petition filed by lawyer Girish Bharadwaj, who had challenged the validity of a State Government Order (GO) on this issue. The Court had earlier observed that a strong prima facie case had been made out by the petitioner. Today, the Court allowed the petition and set aside the GO, reasoning that it interferes with the discretion of public prosecutors when it comes to the withdrawal of criminal cases. The Court held that public prosecutors are expected to apply their minds and decide whether a criminal case ought to be withdrawn or not under Section 321 (withdrawal of prosecution) of the Code of Criminal Procedure (CrPC), depending on the facts and circumstances of each case. The government cannot dictate how this function is to be done, the Court underscored. "The executive government cannot issue a fiat in this regard. It cannot wield pressure on the Public Prosecutor’s independence and independent judgment about withdrawal of the cases from the prosecution. This province is that of Public Prosecutor and the Court. Any violation on this core is a violation of rule of law itself. If there is a political consideration in withdrawal of cases under Section 321 Cr.P.C. is the worst kind of abuse of powers. The larger public interest suffers," it said. It added that the GO issued by the Karnataka government appears to have been issued on political considerations. "The respondent (State) itself has claimed that the Ministers and officials were part of the meeting which ended up with the impugned order passed by the government. It could be contended therefore that it was a politically taken decision," the Court pointed out. .The Court, therefore, concluded that the GO was liable to be set aside in public interest."When the Government Order complained of in this public interest petition takes away the area of independent judgment by the public prosecutor, whittles down his discretion in the matter of withdrawal of cases to be acted upon under Section 321 and prevents directly or indirectly, and to the extent whatever, the Order could hardly sustain. If allowed to be sustained, it would work contrary to the object and spirit of Section 321 Cr.P.C., discounting rule of law and working in its ultimate analysis, against public interest ... The Government Order bearing No.HD 129 MHB 2024 dated 15.10.2024 is hereby set aside. It is declared that the Order shall stand non est from the inception. The consequences in law shall follow," it ruled..Notably, Chief Justice Anjaria was recently recommended for appointment as a Supreme Court judge. Chief Justice Anjaria today said that it was his last day sitting at the Karnataka High Court, while thanking all lawyers and others for their support during his stint at the High Court. "Thank you very much, all of you, this is my last sitting on this dais. I thank you from the bottom of my heart, everybody, all lawyers, all staff .. This is my last sitting, last pronouncement, last orders (in the High Court)" he said before pronouncing the verdict. .The plea before the Court by Girish Bharadwaj contended that the State cannot issue dictates to public prosecutors to withdraw criminal cases. He pointed out that under Section 321, CrPC, public prosecutors have the final say in such matters.Appearing for the petitioner, Advocate Venkatesh Dalwai cited Supreme Court judgments which lay down that the prosecutor's office is not expected to act like a post office and that the State cannot exert pressure on prosecutors to withdraw cases.He further argued that in this matter, the Law Department, as well as the State's Prosecution and Government Litigations Department, had opined that the 43 cases were not fit for withdrawal.Despite this, the State's Home Department proceeded to issue an order on October 15, 2024, directing prosecutors to file applications under Section 321 of the CrPC for the withdrawal of the criminal cases, which involve serious charges such as rioting, attempt to murder, attacks on police officers and criminal trespass, the Court was told. This includes the Hubballi riots cases, which involve allegations that a mob of Muslim persons threw chappals at a police station and destroyed property on the premises after a protest outside the station escalated. The protests followed unrest after a man put up an inflammatory social media post..According to reports, other cases that were proposed to be withdrawn included those against farmer leaders and Kannada activists. The petitioner added that these cases involved influential people and politicians, which further cast doubt on the motives of the State."Several criminal cases were registered in several police stations across the State of Karnataka from 2008 to 2023. Out of those, 43 cases were cherry-picked and were proposed to be withdrawn from the prosecution. The 43 cases proposed are of highly influential personalities such as Former Ministers, MLAS, Presidents of influential organizations, indicating ulterior motives behind the proposal," the plea filed through Advocate Shridhar Prabhu of Nayana Law had said..[Read Judgment]