Karnataka High Court stays government order to withdraw 52 cases against politicians
The Karnataka High Court in Bengaluru has issued an interim stay on a state government order directing public prosecutors to withdraw 52 criminal cases registered against politicians and political workers.
A division bench of Chief Justice Vibhu Bakhru and Justice K S Hemalekha passed the interim order on a public interest litigation (PIL) challenging the May 27 order. The court directed the state government and the Department of Prosecution to file their responses by the next hearing date.
Bengaluru-based advocate Girish Bharadwaj filed the petition, stating that the government order directed the withdrawal of cases under CrPC Section 321. Bharadwaj submitted that authorities rejected his Right to Information (RTI) application regarding these cases, claiming the details were confidential. He stated he could only secure one notification regarding a case registered at Aland police station in Kalaburagi.
According to the petitioner, the high court had previously quashed an earlier government order on May 29, 2025, which sought to withdraw 43 criminal cases based on a recommendation by the then deputy chief minister. Despite this, a fresh process was initiated to withdraw cases involving serious offenses such as unlawful assembly, rioting, and the destruction of public property.
The petition highlighted internal office notes from the Department of Prosecutions, showing that the Senior Assistant Public Prosecutor, the Deputy Director of Prosecutions, and the Director of Prosecutions had all independently and consistently opined against withdrawing the cases at every level.
The petitioner argued that the cabinet decision on May 21, 2026, and the subsequent government order were without jurisdiction and violated CrPC Section 321. The petition asserted that the power to withdraw from prosecution lies exclusively with the public prosecutor acting independently, without executive or cabinet influence.
Reacting to the court's stay, Home Minister Priyank Kharge told reporters on Thursday that any procedural lapses would be corrected. He stated that the government was not doing anything the previous BJP government had not done and suggested that members of all political parties were involved in the cases.
