Karnataka – High Court Pauses Cabinet Move to Withdraw 52 Criminal Cases
Karnataka – The Karnataka High Court has temporarily halted the state government’s Cabinet decision to withdraw 52 criminal cases, including a case connected to the Alanda riots. The interim order was passed while hearing a petition filed by Girish Bharadwaj against the State of Karnataka.
Court Questions Use of Criminal Procedure Provision
During the hearing, the High Court made a preliminary observation that the state may not have followed the correct legal route while seeking to withdraw the cases. The court examined the government’s use of Section 321 of the Code of Criminal Procedure, which allows a public prosecutor to request permission from a court to withdraw a prosecution before judgment is delivered.
The bench indicated that the provision cannot be used merely on the basis of an executive decision. Any request to discontinue criminal proceedings must meet legal requirements and receive approval from the competent court.
Earlier High Court Direction Cited
The court also referred to an earlier Karnataka High Court order dealing with the procedure for withdrawing criminal prosecutions. According to the bench’s initial view, the Cabinet decision appeared to be inconsistent with that earlier direction.
The previous order had required the state to pursue withdrawal of cases through the prescribed judicial process. This includes placing the reasons for withdrawal before the court and allowing the court to determine whether the request serves the interest of justice.
Cabinet Decision Remains Suspended
The Karnataka Cabinet had recently approved the withdrawal of 52 criminal cases. However, the High Court’s latest interim direction means that the government cannot proceed with the decision for now.
The stay applies to all cases covered by the Cabinet resolution, including the Alanda riots matter. The order does not decide the final legality of the proposed withdrawals, but it prevents further action until the court examines the issue in greater detail.
Further Hearing Expected
The case will return to the High Court for further consideration, where the state government is expected to explain the basis for its decision and the legal process followed before the Cabinet approval.
The court is likely to review whether the proposed withdrawal of prosecutions was supported by independent legal assessment and whether the requirements under Section 321 of the CrPC were properly followed. The next hearing date is yet to be announced.