Karnataka Court Stays Cabinet Decision To Withdraw 2019 Stone Throwing Case

In another setback for the Karnataka Government, the Kalaburagi Bench of the High Court on Tuesday stayed the withdrawal of a 2019 stone-throwing case from Chittapur. This is the second time in a year that the judiciary has intervened in politically approved case withdrawals.

Activist and Advocate Girish Bharadwaj had challenged the move, arguing that the government's repeated interference in criminal prosecutions violated established legal principles.

The case pertains to an incident that took place in August 2019, when police intercepted a vehicle allegedly transporting cattle illegally near Dandoti Cross in Chittapur. A mob gathered at the police station demanding the release of the detained individuals. The situation escalated with the mob throwing stones at the police station, vehicles and cops. A First Information Report (FIR) was filed against 19 people for rioting and vandalism.

Earlier this year, the Karnataka state cabinet approved withdrawal of the case, and a Chittapur court permitted it under Section 321 of the Code of Criminal Procedure in October. 

Justice Sachin Shankar Magdum has now given an interim stay on the withdrawal order, and the matter has been posted for December 4.

Significantly, the High Court had earlier quashed the government's attempt to withdraw 43 criminal cases, including those related to the 2022 Hubballi riots in which mobs attacked the Old Town police station, torched vehicles, and injured officers. 

The BJP, the primary opposition in Karnataka, had earlier termed the decision to withdraw these cases as a move aimed at appeasing a particular community and encouraging criminals.  

However, the Congress had then countered the BJP charge by giving examples of them withdrawing several cases during their term in government.