K’taka HC Scraps State Govt’s Order to Withdraw 43 Criminal Cases
In a significant development, the Karnataka High Court has set aside the state government’s order to withdraw 43 criminal cases, terming it “illegal” and “violating Section 321 of the Criminal Procedure Code”. This decision is likely to have far-reaching implications, as the cases involved a range of offences, including violent attacks on police stations, property damage, and other criminal activities.
The order was issued by the state government in October 2022, directing prosecutors to withdraw the cases, which were registered between 2020 and 2022. The cases included one registered for an attack on a police station by a large group of people during the 2022 Hubballi riots.
The Karnataka High Court bench, comprising Justices Krishna Dixit and SD Jophal, held that the state government’s order was “arbitrary” and “ultra vires” the provisions of the Criminal Procedure Code. The court ruled that the order was issued without considering the facts of each case and without following the due process of law.
The state government’s order was widely criticized by opposition parties, who accused the government of trying to shield perpetrators of crime and undermine the rule of law. The opposition parties had also demanded an inquiry into the circumstances that led to the withdrawal of the cases.
The case against the state government’s order was filed by the Karnataka State Bar Council, which had challenged the legality of the order. The Bar Council had argued that the order was illegal and violated the fundamental rights of victims of crime, who had a right to seek justice in a fair and transparent manner.
The Karnataka High Court’s decision is a significant setback for the state government, which had been under pressure to explain the circumstances that led to the withdrawal of the cases. The government had claimed that the order was issued to ensure that criminal cases were not prolonged unnecessarily, but the court has held that this was not a sufficient reason to withdraw the cases without following due process.
The decision is also significant because it highlights the importance of upholding the rule of law and ensuring that criminal cases are prosecuted fairly and transparently. The court’s ruling sends a strong message that the government cannot arbitrarily withdraw cases without following the due process of law, and that victims of crime have a right to seek justice in a fair and transparent manner.
The Karnataka High Court’s decision is likely to have implications beyond the state of Karnataka, as it sets a precedent for other courts to follow. The decision reinforces the importance of upholding the rule of law and ensuring that criminal cases are prosecuted fairly and transparently, and it serves as a reminder to governments that they cannot arbitrarily withdraw cases without following due process.
In conclusion, the Karnataka High Court’s decision to scrap the state government’s order to withdraw 43 criminal cases is a significant development that highlights the importance of upholding the rule of law and ensuring that criminal cases are prosecuted fairly and transparently. The decision sends a strong message that governments cannot arbitrarily withdraw cases without following due process, and it serves as a reminder to governments that they have a responsibility to uphold the law and ensure that victims of crime receive justice.
