February 28, 2025: The Karnataka High Court has issued a notice to the state government over its decision to withdraw 43 criminal cases involving former ministers, MLAs, and influential persons. The notice was issued on Thursday after a public interest litigation (PIL) challenged the legality of the government’s order (GO) to drop these cases.

A Division Bench comprising Chief Justice NV Anjaria and Justice MI Arun questioned the government's authority in withdrawing the cases, citing a potential violation of Section 321 of the Criminal Procedure Code (CrPC). The PIL, filed by Bengaluru-based advocate Girish Bhardwaj, argued that only public prosecutors have the legal power to withdraw cases, not the state cabinet.

The petition further emphasized that the police and prosecution departments had opposed the withdrawal, stating that the cases were not suitable for dismissal. However, the state cabinet proceeded with the decision despite these recommendations.

Among the 43 cases, some involve serious offenses under the Unlawful Activities (Prevention) Act, the Prevention of Destruction of Public Property Act, and the Religious Institution (Prevention of Misuse) Act. Notably, cases linked to the 2022 Hubballi riots—where a mob attacked police personnel over a controversial social media post—are also part of the withdrawal order.

The PIL referenced a previous High Court ruling from 2022, which held that criminal cases against MPs and MLAs cannot be withdrawn without explicit approval from the respective High Courts, in line with a Supreme Court judgment.

Observing a “strong prima facie case” against the government’s decision, the Division Bench has directed the state to submit its response by March 17. The court also suggested that lower courts handling these cases take note of the pending PIL, implying that the withdrawal of charges may not proceed while the matter is under judicial review.