Karnataka High Court Stays GO Directing Withdrawal Of 52 Criminal Prosecutions Including 2022 Aland Riots Cases

The Karnataka High Court on Thursday (July 2) stayed the operation of a May 27 Government Order directing Public Prosecutors to withdraw prosecution in 52 criminal cases across the State including 2022 Aland riots case.

For context, in May 2025 the high court had set aside a Government order, directing public prosecutors to withdraw 43 criminal cases registered/pending against persons accused of various offences including rioting, attempt to murder, stated to include highly influential persons including politicians, in breach of Section 321 CrPC. 

The Division Bench of Chief Justice Vibhu Bakhru and Justice K.S Hemalekha issued notice to the State Government and the Directorate of Prosecution in a PIL filed by advocate Girish Bharadwaj. The plea alleges that from a perusal of the GO it is evident that the all cases which are accorded withdrawal are associated to "influential people of the society who can impact the decisions of the Government".

“The learned counsel for petitioner submits that the said order is contrary to the similar order set aside by this court by an order….in WP 3817/2025. In view of the above, impugned order is stayed till next date of hearing. List on 27.07.2026. Issue notice to R1 and R2. Learned AGA accepts notice for R1[Home Department] and R2[ Department of Prosecution]. At this stage, no notice is issued to R3[Pro-Forma Respondent & former Legislative Assembly Speaker U.T Khader] …”, the court observed in its order today.

The Division Bench has hence directed the respondent authorities to file their responses within two weeks. The matter has been posted for further hearing on July 27.

The Bench further directed that no Public Prosecutor shall act upon the impugned Government Order pending further orders.

Appearing for the petitioner, counsel Venkatesh P. Dalwai submitted that the GO dated May 27, 2026 was substantially identical to an earlier order dated October 15, 2024 by Ex Dy. CM, which the Court had quashed on May 29, 2025 (W.P. No. 3817/2025 Girish Bharadwaj v. State of Karnataka).

The plea claims that the newly issued order also suffered from the same legal infirmities. It claims that in the garb of the order, the executive has usurped the independent discretion of the Public Prosecutor under Section 321 of the Code of Criminal Procedure, 1973, and that the decision was not based on any public interest justifying withdrawal from prosecution, the plea adds.

For context, the petitioner alleges that the process of withdrawal of criminal cases against the accused persons was spearheaded by the former speaker UT Khader [R3] who wrote a letter to the then State Home Minister. Allegedly, in the said letter, Khader requested withdrawal of cases registered at Aland Police Station in Kalaburagi including crimes relating to unlawful assembly, rioting, and assault on public servants. According to the petitioner, the Ex- Speaker characterized the accused in the aforementioned cases as 'innocent persons' who were falsely implicated.

The plea alleges that letter specifically requested withdrawal of cases relating to the Hazrat Ladle Mashaikh Ansari Dargah at Aland relating to unlawful assembly, rioting, assault on public servants, damage to public property, and communal offences allegedly involving Muslim community members against persons who allegedly organized communally provocative events near the Dargah. 

This letter was later forwarded to the Directorate of Prosecution, says the counsel. The Directorate, via a report dated March 6, 2024 said that the cases in which withdrawal has been sought did not satisfy the legal rigours of Section 321 CrPC, the plea adds.

Despite this contrary opinion of Directorate, the Cabinet withdrew the approval of 52 cases in May 2026, the plea states.

Case Title: Girish Bharadwaj v. State of Karnataka & Ors.

Case No: Writ Petition No18730/2026