It is definitely most refreshing, most rejuvenating and so also most reinvigorating to learn that while displaying full courage and catching the bull by the horns, the Karnataka High Court in a most learned, laudable, landmark, logical and latest judgment titled Girish Bhardwaj vs State of Karnataka in Case No.: WP 3817/2025 and cited in 2025 LiveLaw (Kar) 188 that was pronounced as recently as on May 29, 2025 by a Division Bench comprising of Hon’ble The Chief Justice Mr NV Anjaria and so also Hon’ble Mr Justice KV Aravind has most commendably and courageously set aside and nullified entirely the Karnataka State Government order, whereby orders were issued directing the public prosecutors to withdraw 43 serious criminal cases that were registered/pending against persons accused of various serious offences including rioting, attempt to murder among others which pertains to the 2022 Hubballi police station riot cases in which highly influential persons including politicians were also involved in breach of Section 321 of the Criminal Procedure Code. There can be just no gainsaying that this most pragmatic judgment by Bengaluru High Court is deemed as a legal setback for the Karnataka State Government which had ordered the withdrawal order on October 10. For the exclusive benefit of my esteemed readers, I must point out here that this unwarranted, unjustified and arbitrary decision by the Karnataka High Court to withdraw such serious cases was challenged through a Public Interest Litigation (PIL) that had been filed by Bengaluru-based learned lawyer Mr Girish Bharadwaj who questioned the legality of the move.
While craving for the exclusive indulgence of my esteemed readers, it must also be brought out here that the Division Bench while pronouncing this progressive judgment said most explicitly that, “Petition is allowed. Government Order dated 15-10-2024, is hereby set aside. It is declared that the order shall stand non-est since inception, consequences in law will follow.” It was also made clear by the Division Bench that the detailed order will be made available in due course. Very rightly so!
While appearing for the petitioner, learned advocate – Mr Venkatesh Dalwai cited Supreme Court relevant judgments which clearly laid down that the prosecutor’s office is not expected to act like a post office and that the State cannot exert pressure on the prosecutors to withdraw cases. He further went on to argue forcefully 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. It is a no-brainer that it is high time and this arbitrary, atrocious and arrogant misuse of power of withdrawing serious criminal cases must be put to an end immediately all across the nation and not just in Karnataka alone!
It must be also brought out here that the Karnataka High Court was informed that despite the clear opinion of the Law Department, as well as the State’s Prosecution and so also the Government Litigations Department who had opined most categorically that the 43 cases were not fit for withdrawal yet still the Karnataka State’s Home Department went on to proceed to issue an order whimsically and capriciously on October 15, 2024 directing the prosecutors to file applications under Section 321 of the CrPC for the withdrawal of the criminal cases, which involved very serious charges such as rioting, attempt to murder, criminal trespass and to top it all the attacks on police officers. 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.
It is worth paying attention that according to media reports, the other cases that were proposed to be withdrawn included those against farmer leader and Kannada activists. It is also worth noting that the petitioner added that these cases involved influential people and politicians which further cast serious doubts on the real motives of the State. We also need to note here which cannot go unnoticed that the plea that was filed through learned advocate Mr Shridhar Prabhu of Nayana Law had asserted most forcefully saying that, “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.”
What also merits mentioning here is that the Division Bench while issuing notice to the Karnataka State Government had in its order most explicitly stated that, “Learned advocate for petitioner is prima facie justified that the government has been exerting pressure on the prosecutors in ordering them to withdraw the cases which is clear violation of Section 321 CrPC. When the Department of Prosecution and law have opined cases are not fit for withdrawal, the state government has exceeded its authority to pass the impugned order. A strong prima facie case is made out.”
All said and done, it merits just no reiteration that all the Courts in India must definitely without fail emulate this landmark judgment delivered by the Division Bench of the Karnataka High Court without wasting any more time as it has acted so gallantly in this leading case and must also step in to ensure that the concerned State Government does not at its whims and fancies withdraw most arbitrarily and most atrociously very serious criminal cases against those wielding enormous clout on one pretext or the other so that they escape untouched, unpunished and unaccounted for the most heinous crimes they committed as it makes a huge complete mockery of “rule of law” and of the old famous adage ! If the lower courts and so also the concerned High Courts don’t act in this regard, the Supreme Court which is the final word must definitely intervene most promptly so that India does not become a laughing stock in front of the world and mock at our democratic system and legal system openly! This definitely brooks no more delay any longer now and it will do a world of good to our national interests which must stand paramount above everything else! No denying or disputing it!