The HC was listening to a guilty plea by the Karnataka People’s Civil Liberties Union, which challenged the order of the Yediyurappa government dated 31 August.
The Karnataka High Court on Monday suspended the state government’s decision to drop cases against 61 BJP lawmakers and ministers in the state. The HC was hearing a guilty plea filed by the Karnataka People’s Civil Liberties Union, challenging the order of the Yediyurappa government dated August 31 granting permission for the withdrawal of prosecution cases under section 321 of the Code of Criminal Procedure.
The HC division court also ordered the state government to file its objections by January 22, 2021 and has posted the next hearing for January 29. The court ordered that “no further action be taken based on the order of August 31, 2020. “The cases were dropped by the Karnataka government earlier this year under Section 321 of the 1973 Code of Criminal Procedure, which gives the power of ‘Withdrawal from prosecution’ to the state government.
Read: Karnataka government withdraws 62 criminal cases against BJP MPs and MPs
On August 31, 2020, the Yediyurappa government, based on the recommendation of Interior Minister Basavaraj Bommai, who headed a subcommittee, withdrew cases against several acting ministers, including the ministers of Law, Tourism and Agriculture. The cases against other elected representatives such as Mysuru MP Pratap Simha, Mandya Independent MP Sumalatha Ambarish, Yelburga Hallapa Achar BJP MLA, Honnalli BJP MLA, and CM Political Secretary MP Renukacharya had also been dropped.
In November 2020, the HC also issued a notice to the state government and police department to respond to a Public Interest Litigation (PIL) filed by a city-based advocate who alleged that between August 8, 2014 and On May 5, 2020, more than 570 cases have been withdrawn by successive governments. The HC has also asked the state government’s Attorney Department to respond to the notification. The HC asked the state to ‘justify whether it has the power to issue instructions to the Director of the Prosecutor’s Office to withdraw any criminal case under Section 321 of the 1973 Code of Criminal Procedure.’
Read also: Karnataka HC issues notice to government on withdrawal of 570 cases against political leaders
While the decision to drop the cases had drawn criticism not only from the opposition, but even from civil society, the state government defended its position, saying it was a “ routine ” matter and that the cases had been brought against elected representatives for taking on ‘public affairs’.
.
