Bengaluru, 2 July  

The High Court of Karnataka on Thursday stayed the State government's order to withdraw prosecution in 52 criminal cases, including those linked to the 2022 Aland Ladle Mashak Dargah riots.

The bench of Chief Justice Vibhu Bakhru and Justice KS Hemalekha prima facie found fault with the State's invocation of section 321 of the Criminal Procedure Code (CrPC), violating the earlier order of the HC to seek withdrawal of prosecutions against the accused.

The HC issued notice to the State government and the Directorate of Prosecution, and directed them to file their responses within two weeks. Speaking to reporters, Home Minister Priyank Kharge maintained that the process and yardsticks followed in the past while withdrawing cases were also followed this time, and no rules were violated. He said, "Let's see what's in the order; the government will proceed according to the law".

Advocate Girish Bharadwaj had petitioned the court to issue a writ of certiorari or any other appropriate writ to quash the government order dated 27 May, directing the Public Prosecutors under section 321 of the CrPC and corresponding provision of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to withdraw the cases filed in various police stations in the state in the interest of justice.

He also requested a direction to call for and quash the cabinet approval or decision dated 21 May, together with all records pertaining thereto, and consequently quash all consequential orders, notifications, communications and directions issued pursuant thereto in the interest of justice.

The petition also requested an appropriate order or direction in the nature of guidelines governing the exercise of the power of withdrawal of prosecution under Section 321 of CrPC and section 360 of the BNSS, binding upon the State of Karnataka and all its agencies. The petitioner has pointed out that in May, 2025, the High Court had set aside the earlier government order for withdrawal of 43 criminal cases from the prosecution, as recommended by the then Deputy Chief Minister.

The Karnataka cabinet on May 21 this year decided to withdraw prosecution in 52 criminal cases, including those against farmers and pro-Kannada activists. At least eight cases connected with rioting in Kalaburagi district's Aland were also withdrawn.

Opposition BJP had targeted the Congress government for withdrawing Aland riots-related cases, accusing it of compromising the rule of law for what it described as "appeasement politics". Meanwhile, noting that if there is a lapse in the process of withdrawal of cases, due process will be followed, Minister Kharge said, "Due process was followed in these cases too. If there are any lapses by the cabinet subcommittee, we will ensure they are rectified and brought forth again".

"I can say more after going through the order. But the process that was followed earlier, either by other governments or by our own government, the same process has been followed. No special yardstick was followed. If you go through, the cases that were considered for withdrawal were not restricted to Kalaburagi district or farmers or pro-Kannada activists; there are also several BJP supporters in the list," he said.

To a question regarding Ladle Mashak Dargah riots, Kharge, who hails from Kalaburagi district, said, "I know what happened there, who did it. This is not in favour of anyone. The 52 cases include cases against several BJP workers or leaders; is withdrawing those cases also wrong? Whatever it is, law is equal for all," he said.

However, welcoming the court order, the opposition BJP said the High Court has put a brake on the Congress's appeasement policy by staying the decision to withdraw the cases against the anti-social elements.

"The court has slapped the Congress government, which withdrew cases against the rioters in the Ladle Mashak Dargah case and stood in their support. The DK Shivakumar government, which set out to protect those who took the law into their own hands, has been humiliated. The Congress's move to protect fanatics has been proven to be completely unconstitutional. The fact that the court has stopped the politics of appeasement is a real victory for the Constitution," it said in a post on 'X'.

The Aland case dates back to 1 March, 2022, when some BJP workers wanted to perform a purification ritual "of Shivalinga inside the dargah," alleging that it was desecrated. The issue led to communal violence, leading to prohibitory orders being clamped in the area.