The Karnataka High Court on Thursday set aside the state government’s decision to withdraw 43 criminal cases, including those related to the 2022 Hubballi riots, Bar and Bench reported.

The ruling by a bench of Chief Justice NV Anjaria and Justice KV Aravind came on a public interest litigation challenging the state government’s order.

In October, the state Cabinet had approved the withdrawal of the 43 criminal cases registered at several police stations from the prosecution process, The Hindu reported.

The home department had also issued an order on October 15, directing public prosecutors to file an application for withdrawal of the cases under Section 321 of the Code of Criminal Procedure, Bar and Bench reported. The provision provides for prosecutors to withdraw cases at any stage before the judgement is delivered.

Of the 43 cases, some were linked to the Hubballi riots cases, which involve allegations that a mob of Muslims threw slippers at a police station and destroyed property on the premises after a protest there escalated, according to Bar and Bench.

The petitioner claimed that the 43 cases were of “highly influential personalities such as former ministers, MLAs, presidents of influential organisations indicating ulterior motives”, Bar and Bench reported.

The court, which had earlier observed that a strong prima facie case had been made by the petitioner, allowed the plea on Thursday.

Petitioner’s argument

The petitioner argued that the state government cannot direct public prosecutors to withdraw criminal cases. He said that Section 321 of the Code of Criminal Procedure gives that discretion only to the prosecutor.

The petitioner’s counsel cited Supreme Court rulings to argue that public prosecutors are not meant to act as post offices for government orders and must exercise independent judgement.

He also pointed out that the law department and the state’s prosecution and government litigation department had advised against withdrawing the 43 cases, saying that they were not fit for withdrawal.