Karnataka HC Stays State Govt. Order to Withdraw 61 Criminal Prosecutions Against Elected Representatives and Ministers

Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty on Monday stayed a Karnataka government decision wherein it had been decided to drop 61 criminal proceedings against elected representatives and ministers. 

HC orders state govt. to file its statement of objections to the petition by January 22, 2021

The Karnataka High Court ordered Karnataka government to file its statement of objections to the petition by January 22, 2021. 

The decision came while hearing a petition filed by a NGO named People Union of Civil Liberties challenging the government order to withdraw 61 cases under section 321 of the Code of Criminal Procedure.  The petitioner has argued that the decision flew in the face of the Supreme Court verdict in Ashwini Kumar Upadhyay v. Union of India. 

Trial courts aren’t bound by the state government decision: HC during a previous hearing. The Court during the last hearing held that trial courts aren’t bound by the decision of the government and it can apply its own mind and reject prayers for withdrawal of prosecution. The court further held that when the executive orders to withdraw criminal prosecution against legislators, a Public Prosecutor cannot act as a post box or submit to the diktats of the government and the prosecutor must act objectively as he/she is an officer of the court. 

Further citing the apex Court verdict in SK Shukla & Ors vs State Of UP & Ors case, the bench said: 

"It is held that even if government instructs to the Public Prosecutor to withdraw from the prosecution of a case, the latter after.....It is further observed that the Public Prosecutor cannot act like a post box or act on the dictates of the State Government and he has to act objectively as he is also an officer of the court." 

The matter will be next heard on January 29.