The Karnataka High Court on 29 May 2025 struck down the state government’s decision to withdraw 43 criminal cases, including those related to the 2022 Hubballi police station riots, declaring the move “null and void from inception.”
A division bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind delivered the ruling in response to a Public Interest Litigation (PIL) filed by advocate Girish Bharadwaj. The PIL challenged the legality of the government’s decision, issued through a Government Order (GO), to direct public prosecutors to withdraw specific cases.
The bench held that the government lacked the authority to unilaterally instruct prosecutors to drop criminal proceedings, especially in matters involving serious charges such as rioting, attempted murder, and assault on police personnel.
Among the 43 cases listed for withdrawal were those against Kannada activists, farmer leaders, and individuals accused in the Hubballi riot incident. The case, initiated in October 2022, involves several leaders from the All India Majlis-e-Ittehadul Muslimeen (AIMIM), including Mohammed Arif, who are alleged to have mobilized a large crowd of Muslims outside the Old Hubli police station. The gathering was reportedly in reaction to a social media post by Abhishek Hiremath, which was perceived as offensive to Islamic religious sentiments.
The court agreed with the petitioner’s contention that Section 321 of the Code of Criminal Procedure (CrPC) empowers public prosecutors to decide whether to withdraw a case, but only after independent assessment and with the court’s consent—not on government instruction alone.
Bharadwaj further argued that the Law Department, the Government Litigations Department, and the Directorate of Prosecution had all opposed the withdrawal of several of the cases, citing their serious nature.
Highlighting possible misuse of executive power, the PIL alleged that the cases selected for withdrawal were “cherry-picked” and that several individuals named in them were politically influential, including former ministers, legislators, and heads of major organisations.
A Big Slap on the Face of the Congress Government!
The Congress Government, led by Chief Minister Siddaramaiah, had attempted to withdraw 43 criminal cases, including those related to the Hubli riots and other serious offences, by invoking Section 321 of the Criminal Procedure…
— Girish Bharadwaj (@Girishvhp) May 29, 2025
With the High Court setting aside the GO, all 43 criminal cases will now proceed in court as originally filed, effectively reversing the state’s attempt to quash them.
(With inputs from Madhyamam Online)
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