Karnataka High Court Stays state Cabinet Decision to Withdraw 52 Criminal Cases

In a big setback to state Congress governament, the Karnataka High Court has stayed the State Government’s Cabinet decision to withdraw 52 criminal cases, including the case related to the Alanda riots.

The Karnataka Cabinet had recently approved the withdrawal of the 52 cases, a move that attracted legal and political attention. However, the High Court’s interim stay has put the implementation of that decision on hold until the matter is heard further.

The interim order was passed in the case of Girish Bharadwaj vs State of Karnataka. In its prima facie observations, the High Court found fault with the State’s reliance on Section 321 of the Criminal Procedure Code (CrPC), which governs the withdrawal of prosecutions by public prosecutors with the consent of the trial court.

The stay was issued in the matter of Girish Bharadwaj vs State of Karnataka. The High Court, in its prima facie observation, found fault with the State’s invocation of Section 321 of the Criminal Procedure Code (CrPC).

The bench noted that the decision violated an earlier order of the Karnataka High Court which required the State to seek withdrawal of prosecutions against the accused through proper legal process. The Cabinet had recently decided to withdraw the 52 cases. The High Court’s interim order puts the decision on hold until further hearing. Details of the next date of hearing are awaited.