Karnataka High Court stays government’s decision to withdraw eight criminal cases related to 2022 violence in Aland
The High Court of Karnataka on Thursday stayed the May 27 Government Order (GO) for withdrawing eight criminal cases registered in connection with the violence
The High Court of Karnataka on Thursday stayed the May 27 Government Order (GO) for withdrawing eight criminal cases registered in connection with the violence on the disputed Ladle Mashaq Dargah premises at Aland town in Kalaburagi district in March 2022. A Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha passed the interim order on a PIL petition filed by city-based advocate Girish Bharadwaj. The government’s notification had instructed the public prosecutors to withdraw the eight cases, registered in Aland police station, in which chargesheets were filed for serious offences like attempt to murder, rioting with weapons, promoting enmity between different groups on ground of religion, and doing acts prejudicial to maintenance of harmony, assault/criminal force to deter public servant from discharge of his duty, Intentional insult with intent to provoke breach of the peace, criminal intimidation and conspiracy, etc., the petitioner has pointed out.
The May 27 notification, issued based on the May 21 approval given by the State Cabinet for withdrawing the criminal cases, was not only contrary to Section 321 of the Code of Criminal Procedure (Cr.P.C) but a direct violation of the 2025 judgment of the High Court, which had set aside the government’s decision to withdraw 43 criminal cases in a similar manner terming them as contrary to Section 321 of Cr.P.C, it has been contended in the petition. The petitioner has pointed out attempt to withdraw these eight cases began in 2023 when the managing committee of the Dargah Hazrat Ladle Malikul Mashaikh Makhdoom Ansari (Sunni) submitted a representation to U.T. Khader, then Speaker of the Legislative Assembly.
Mr. Khadar, in turn, forwarded the committee’s request to the then Home Minister characterising the accused persons as “innocent persons”. Mr. Khader has been named as a respondent in the petition. Also, the petitioner has pointed out that the State Cabinet ignored the repeated opinions, given by the Department
of Prosecution and Government Litigation, and the Police Department between 2024 and February 2026, against the withdrawal of these criminal cases related to serious offences. The government referred the plea for withdrawal of criminal cases to a Cabinet sub-committee, which ultimately recommended withdrawal of the cases, the petitioner pointed out.
The BriefWire