Karnataka – High Court Halts Withdrawal of Eight Aland Riot Cases
Karnataka – The Karnataka High Court has temporarily stopped the state government from withdrawing eight criminal cases linked to violence at a dargah in Aland, Kalaburagi district, in 2022. The cases, registered by the Aland police, include allegations involving serious offences connected to the unrest at the religious site.
Court pauses Home Department decision
A division bench headed by Chief Justice Vibhu Bakhru and Justice KS Hemalekha issued the interim order on Thursday. The bench stayed a May 27 communication from the Karnataka Home Department directing the Prosecution Department to take steps to withdraw the cases.
The order came after advocate Girish Bharadwaj challenged the government’s decision before the High Court. The court has also issued notices to the Home Department, Prosecution Department and Government Litigation Department.
Matter listed for hearing in September
The High Court said the government order would remain suspended until September 28, when the matter is scheduled to be heard again. Until then, the process to withdraw the eight cases cannot move forward.
The petitioner argued that the state cabinet approved the withdrawal despite the Prosecution Department having reportedly stated on three occasions that sufficient evidence was available to establish the charges in court.
According to the petition, the proposal to withdraw the cases followed a request made by former Karnataka Legislative Assembly Speaker UT Khader. The request was reportedly sent to the Home Department after a representation was submitted by the managing committee of Dhargha Hazrat MalikulMashaikh Makhdoom Ladle Ansari (Sunni).
Petition raises concerns over prosecution procedure
The petition also referred to an earlier dispute involving the proposed withdrawal of criminal cases. It stated that a former Deputy Chief Minister had intervened in a similar matter and recommended the withdrawal of cases, which was subsequently challenged before the High Court in 2024.
The petitioner claimed that the Home and Prosecution Departments were parties to those earlier proceedings. Despite this, the departments allegedly proceeded with the latest withdrawals in disregard of legal principles set out by the High Court in 2025.
The challenge has raised questions about whether the executive branch can direct prosecutors to withdraw cases without an independent assessment by the public prosecutor.
Allegations involve public order and communal harmony
The petition stated that the Home Department had issued notifications for the withdrawal of 52 cases involving offences that could affect public order, communal harmony, public property and the functioning of public servants.
The cases reportedly include allegations related to unlawful assembly, rioting, criminal conspiracy, promoting hostility between groups on religious or racial grounds, attempted murder and wrongful restraint.
However, the petitioner said only one notification related to Kalaburagi district could be obtained. The plea argued that the decision was contrary to Section 321 of the Code of Criminal Procedure, which gives public prosecutors the authority to seek withdrawal from prosecution after independently applying their judgment.
Request for wider judicial review
The petitioner has asked the High Court to call for all notifications concerning the proposed withdrawal of criminal cases. The plea seeks scrutiny of whether ministers or other members of the executive interfered in decisions involving other cases.
The court’s interim order does not decide the merits of the allegations or the criminal cases. It only prevents the withdrawal order from being implemented while the High Court examines the challenge.