Karnataka HC stays Congress govt order to drop 52 criminal cases
Synopsis
Key Takeaways
The Karnataka High Court on 2 July stayed the state Congress government's decision to withdraw prosecution in 52 criminal cases, including those linked to communal riots at the Aland Ladle Mashak Dargah in Aland taluk, Kalaburagi district. The interim order marks a significant judicial check on the cabinet's 22 May directive, which had been challenged through a Public Interest Litigation.
Background to the Controversy
The cabinet decision to drop the cases was taken when Siddaramaiah was Chief Minister. The 52 cases earmarked for withdrawal spanned a wide range — 10 against veteran Kannada activist Vatal Nagaraj, 7 related to the 2022 communal violence at the Ladle Mashak Dargah in Aland, and others arising from farmer, Dalit, and pro-Kannada agitations. The breadth of the list drew immediate scrutiny from legal observers and the political opposition.
What the High Court Found
A Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha passed the interim stay after prima facie finding fault with the government's invocation of Section 321 of the Code of Criminal Procedure (CrPC). The Bench observed that the state's action appeared contrary to the Karnataka High Court's own 2025 judgment, which had laid down strict guidelines governing the withdrawal of criminal prosecutions.
The PIL was filed by Girish Bharadwaj. Senior advocate Venkatesh Dalwai, appearing for the petitioner, argued that the withdrawal was carried out in blatant violation of established legal procedure, driven by the direct recommendations of three senior ministers rather than on legally sustainable grounds. Dalwai contended the decision was politically motivated and taken with mala fide intent.
Government's Defence
Deputy Chief Minister G. Parameshwara, who served as Home Minister at the time the cabinet order was passed, defended the decision. He stated that each of the 52 cases was individually reviewed by a Cabinet Sub-Committee and that many of the accused were activists whose prosecutions were themselves politically motivated. The government has not yet filed a detailed counter-affidavit before the court.
Opposition Reaction
The Bharatiya Janata Party (BJP) sharply criticised the original cabinet decision, labelling it 'vote-bank and appeasement politics.' The High Court's stay has provided the Opposition with fresh ammunition ahead of what is expected to be a contentious legislative session. This is not the first time a Karnataka government's case-withdrawal order has faced judicial scrutiny — courts have increasingly insisted on procedural rigour before allowing the state to invoke Section 321 CrPC.
What Happens Next
The interim stay remains in force until further orders from the Division Bench. The Karnataka High Court will continue hearing the PIL in the coming days, with the government expected to justify each withdrawal individually against the 2025 guidelines. Legal experts note that the bar set by the court's own precedent makes a blanket withdrawal order difficult to sustain.