Karnataka HC to examine govt move to withdraw cases against MLAs, MPs

Two days after the Supreme Court ruled that no cases against an MP or an MLA can be written off without the nod of the respective high courts, the Karnataka High Court sought related details from the state government. It was earlier reported that the bench led by Chief Justice AS Oka in December, 2020 had stayed the Karnataka government’s decision to drop cases against 61 BJP legislators and one independent MP. The case was taken up by the HC on a suo motu basis after a committee headed by present Chief Minister Basavaraj Bommai, who was then the Home Minister, had decided to drop these cases on August 31, 2020.

Live Law reported that the HC, in light of the SC order on August 11, has decided to quash those withdrawal proceedings. The report quoted the bench headed by CJ Oka saying, “Needless to clarify that the government order dated August 31, 2020 will not apply to withdrawal of cases of sitting or former MP/MLAs,” as the bench disposed of the existing case. Deccan Herald reported that the division bench headed by Chief Justice AS Oka has now asked the state government to furnish all records pertaining to withdrawal of criminal cases against elected representatives after September 2020. The HC will further examine the orders passed by trial courts in such cases and government orders passed in these regards too will be subjected to examination as per the SC ruling. 

Earlier, during the proceedings of the case, it was also reported that the proposal by the Bommai committee was opposed by the state police chief. Beneficiaries of the move included current ministers JC Madhuswamy, Anand Singh, party MP Pratap Simha and party general secretary CT Ravi. The case against Simha was grievous in nature, as he was booked for allegedly trying to run over a policeman. Other than them, cases against independent MP Sumalatha Ambarish, BJP MLA fromYelburga, Hallapa Achar, BJP MLA from Honnali and former CM’s political secretary MP Renukacharya were also decided to be withdrawn.

Karnataka HC stays state govt’s move to drop cases against BJP ministers, MLAs