Karnataka HC Sets Aside Govt Order to Withdraw 43 Cases Linked to 2022 Hubballi Riots

It may be recalled here, a mob gathered outside the Hubballi police station in Old Hubballi to stage a protest over a person an inflammatory post on a social networking site and after learning the arrest of the person who posted the inflammatory post has been arrested by the police, the gathered mob demanded the person be handed over to them. Later the situation turned violent after the mob went on a rampage and attacked 12 policemen including an Inspector and caused damages to public properties.

An order from the department of Home on October 15, 2024 directed public prosecutors to file applications under section 321 of the Criminal Procedure Code (CrPC) for the withdrawal of the criminal cases.

However, the decision to withdraw criminal cases in the Hubballi rioting case was challenged by advocate Girish Bharadwaj who contended before the High Court that the State Government cannot issue dictates to public prosecutors to withdraw criminal cases and public prosecutors have the final word in such matters.

Advocate Venkatesh Dalwai, representing Girish Bharadwaj, argued “The 43 criminal cases for which the State Government has issued Government Order are unfit for withdrawal.”

The advocate brought to the notice of the High Court over Supreme Court judgments that the State Government cannot mount pressure on public prosecutors to withdraw cases.

The petitioner Girish Bharadwaj termed the order of the High Court “This is a victory for justice, a triumph of rule of law and stern reminder that political expediency cannot override constitutional and legal principles.”