Bengaluru (Karnataka) [India], May 29 (ANI): The Karnataka High Court on Thursday quashed the state cabinet's decision to withdraw 43 criminal cases, including those linked to the 2022 Old Hubballi riots.

Advocate Girish Bhardwaj had filed a Public Interest Litigation (PIL) challenging the legality of the government order issued in October 2024 to withdraw criminal cases in which former ministers, former MLAs and persons belonging to influential organisations were made accused.

Karnataka High Court Chief Justice NV, who heard the arguments, a division bench comprising Justices Anjaria and Arvind has set aside the cabinet decision and issued the order.

The petition mentioned that serious charges have been framed against some of the accused in these 43 cases, including the 2022 Hubballi riots case, in which a mob attacked and assaulted several police personnel over a controversial post on social media.

The petitioner had argued that the government order of October 15, 2024, violated Section 321 of the Criminal Procedure Code. This provision specifically empowers only the prosecutor to initiate any action to withdraw the prosecution. Therefore, it was argued on behalf of the petitioner that the state cabinet does not have the power to direct the prosecutor to withdraw these criminal cases.

Also, contrary to the opinion of the police and prosecution departments, which said that these criminal cases were not fit to be withdrawn, the petitioner had referred to the cabinet decision on which this order was based.

The petitioner had pointed out that while the state government had withdrawn the criminal cases in 2020, the High Court had made it clear in 2022 that the withdrawal of cases against former and sitting MPs and MLAs would be governed by the judgment of the Supreme Court. The Supreme Court had said that criminal cases against former and sitting MPs and MLAs cannot be withdrawn without the permission of the respective High Courts.

In this case, there were several accused, including Muslim leader Arif, who entered the old Hubballi police station and rioted. However, a decision was made during the cabinet meeting to withdraw the case of the accused. In the incident, stones were pelted, and police vehicles were damaged. In addition, four policemen were injured.

On April 16, 2022, a riot broke out in front of the old Hubballi police station for sharing a photo of a Bhagwadhwa on a mosque on social media. Thousands of Muslims gathered in front of the police station and rioted. During this, stones were also pelted at the police station, hospital, temple, and houses. The police fired in the air to control the situation.

In the wake of the riot, the police registered 12 cases and arrested 158 people. The social organization Anjuman-e-Islami had decided to fight the law on behalf of the accused arrested in the case. In December last year, the court had granted bail to 35 accused in the old Hubballi riots case.

Earlier, 11 accused had been granted bail by the court.

Deputy Chief Minister DK Shivakumar had written to the government to drop the case. A case was registered against AIMIM leader Mohammed Arif and others. Arif and 138 others were charged with attempt to murder, rioting and other serious charges. (ANI)