Karnataka HC stays govt order dropping cases against politicians
Mangalore Today News Network
Bengaluru, Jul 3, 2026: The Karnataka High Court has stayed a state government order directing public prosecutors to withdraw 52 criminal cases registered against politicians and political workers across Karnataka.
A division bench comprising Chief Justice Vibhu Bakhru and Justice K. S. Hemalekha issued the interim stay while hearing a Public Interest Litigation (PIL) challenging the May 27 government order, which instructed public prosecutors to seek withdrawal of the cases under Section 321 of the Code of Criminal Procedure (CrPC). The court also directed the state government and the Department of Prosecution to file their responses before the next hearing.
The PIL was filed by Bengaluru-based advocate Girish Bharadwaj, who argued that authorities had denied his Right to Information (RTI) request seeking details of the cases, claiming the information was "confidential." He said he was able to obtain only one notification relating to the withdrawal of a case registered at Aland police station in Kalaburagi district.
The petitioner pointed out that on May 29, 2025, the High Court had quashed an earlier government decision to withdraw 43 criminal cases based on a recommendation made by the then Deputy Chief Minister. Despite that ruling, the state allegedly initiated a fresh process to withdraw cases involving serious offences such as unlawful assembly, rioting, and destruction of public property.
According to the petition, internal records of the Department of Prosecution show that the Senior Assistant Public Prosecutor, Deputy Director of Prosecutions, and Director of Prosecutions had all independently opposed the withdrawal of the cases at every stage.
The petition further alleged that the state government deliberately kept the Cabinet’s May 21, 2026 decision, along with related documents such as the Cabinet note, proceedings, recorded reasons, and deliberations, out of the public domain.
It argued that the government’s decision violates Section 321 of the CrPC, which gives the exclusive authority to withdraw prosecutions to the public prosecutor acting independently, without executive interference. The petitioner contended that neither the state government nor the Cabinet has any statutory role in the decision-making process.
The PIL also sought directions to the government to produce records of the May 21 Cabinet meeting to identify the ministers who allegedly influenced the decision to withdraw the criminal cases.
Responding to the development, Karnataka Home Minister Priyank Kharge said any procedural lapses, if found, would be rectified.
"First of all, I don’t think the BJP realises that many of their leaders are also among those named in these cases. If this is a slap on our face, it is a slap on theirs as well. We are not doing anything that the previous BJP government did not do," Kharge told reporters.