Last week the Karnataka High Court stayed the state government’s May 27 order withdrawing 52 criminal cases. The decision followed a cabinet meeting under Siddaramaiah that had approved ending prosecution in those matters.
Siddaramaiah resigned as chief minister on May 28, paving the way for D K Shivakumar under the Congress party’s leadership transition plan.
The move continues a practice followed by successive Congress and BJP governments of dropping cases against individuals or groups seen as aligned with their support bases.
Withdrawals, mostly concerning rioting, unlawful assembly and violations of prohibitory orders, have occurred through executive orders despite rising judicial review.
During its 2013-18 term the Congress administration dropped 176 cases, many involving activists from the banned Popular Front of India as well as farmer, Dalit and pro-Kannada organisations.
The BJP government between 2019 and 2023 withdrew 385 cases, several linked to right-wing Hindu groups, party legislators and farmer activists.
Since returning to power in 2023 the Congress government has ordered withdrawal of 95 cases in two batches, mainly involving Muslims in communal incidents and activists from pro-Kannada, farmer and Dalit groups.
Such decisions have faced growing judicial restrictions. Citing its May 29 2025 order, the high court ruled that prosecutors alone hold authority under Section 321 of the Criminal Procedure Code to decide on continuing prosecution.
The bench stayed the May 27 order on a petition filed by activist Girish Bharadwaj.
In its final cabinet meeting the Siddaramaiah government approved withdrawal of 42 cases and sought court permission for ten others. The matters included communal incidents in Aland, violence during the Cauvery dispute, Dalit protests, farmer demonstrations and COVID violations, plus cases against Kannada activist Vatal Nagaraj.
So far courts have permitted closure of only one of the 52 cases.
Home Minister Priyank Kharge said the government would study the latest order before deciding on further steps.
Earlier the high court had also stayed an October 2024 order dropping 43 cases linked to incidents in Hubballi and other protests.
