The Karnataka High Court on Thursday struck down a state government order that had instructed public prosecutors to withdraw 43 criminal cases, including those related to the 2022 Hubballi riots.
The court's verdict came in a public interest litigation (PIL) filed by advocate Girish Bharadwaj that challenged the order.
A Bench comprising Chief Justice N V Anjaria and Justice K V Aravind allowed the PIL, declaring the government's directive invalid from the beginning.
"The government order is set aside. It shall be treated as non est from inception. Legal consequences will follow," the Court said while pronouncing its verdict.
Delivering the judgment in what was his final sitting at the Karnataka High Court, Chief Justice Anjaria, who is slated for elevation to the Supreme Court, expressed gratitude to the legal fraternity.
"This is my last day on this dais. I thank all lawyers, court staff, and everyone who supported me. This is my final sitting, final pronouncement, and final order here," he said emotionally before announcing the decision.
Advocate Venkatesh Dalwai, representing the petitioner, argued that the State Government had exceeded its authority by directing prosecutors to file applications under Section 321 of the Code of Criminal Procedure (CrPC) to withdraw cases.
He emphasised that the decision to withdraw prosecutions lies solely with the public prosecutor, who must act independently and not at the behest of the executive.
Citing Supreme Court rulings, Dalwai argued that prosecutors are not mere intermediaries for government decisions and must evaluate each case on merit.
He further revealed that both the Law Department and the Prosecution and Government Litigation Department had advised against withdrawing the 43 cases-advice that was ignored by the Home Department, which issued the withdrawal order on October 15, 2024.
The cases selected for withdrawal involved serious offences including rioting, attempted murder, assault on police personnel, and destruction of public property.
Among them were cases arising from the Hubballi riots, which was triggered by a social media post.
Protesters allegedly vandalised a police station and hurled footwear at it during the agitation.
The petitioner also questioned the motivation behind the State's move, pointing out that the cases marked for withdrawal involved politically influential individuals-including former ministers, MLAs, and office-bearers of powerful organizations. The PIL alleged that the list had been selectively curated to serve political ends.
"Criminal cases registered across Karnataka between 2008 and 2023 were reviewed, and 43 were handpicked for withdrawal. Many of these involved prominent political figures and influential activists, raising serious doubts about the impartiality of the exercise," said the plea.
The court's verdict came in a public interest litigation (PIL) filed by advocate Girish Bharadwaj that challenged the order.
A Bench comprising Chief Justice N V Anjaria and Justice K V Aravind allowed the PIL, declaring the government's directive invalid from the beginning.
"The government order is set aside. It shall be treated as non est from inception. Legal consequences will follow," the Court said while pronouncing its verdict.
Delivering the judgment in what was his final sitting at the Karnataka High Court, Chief Justice Anjaria, who is slated for elevation to the Supreme Court, expressed gratitude to the legal fraternity.
"This is my last day on this dais. I thank all lawyers, court staff, and everyone who supported me. This is my final sitting, final pronouncement, and final order here," he said emotionally before announcing the decision.
Advocate Venkatesh Dalwai, representing the petitioner, argued that the State Government had exceeded its authority by directing prosecutors to file applications under Section 321 of the Code of Criminal Procedure (CrPC) to withdraw cases.
He emphasised that the decision to withdraw prosecutions lies solely with the public prosecutor, who must act independently and not at the behest of the executive.
Citing Supreme Court rulings, Dalwai argued that prosecutors are not mere intermediaries for government decisions and must evaluate each case on merit.
He further revealed that both the Law Department and the Prosecution and Government Litigation Department had advised against withdrawing the 43 cases-advice that was ignored by the Home Department, which issued the withdrawal order on October 15, 2024.
The cases selected for withdrawal involved serious offences including rioting, attempted murder, assault on police personnel, and destruction of public property.
Among them were cases arising from the Hubballi riots, which was triggered by a social media post.
Protesters allegedly vandalised a police station and hurled footwear at it during the agitation.
The petitioner also questioned the motivation behind the State's move, pointing out that the cases marked for withdrawal involved politically influential individuals-including former ministers, MLAs, and office-bearers of powerful organizations. The PIL alleged that the list had been selectively curated to serve political ends.
"Criminal cases registered across Karnataka between 2008 and 2023 were reviewed, and 43 were handpicked for withdrawal. Many of these involved prominent political figures and influential activists, raising serious doubts about the impartiality of the exercise," said the plea.
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