Anushka Mansharamani
On 21st December, the Karnataka High Court put a stay on the government’s order, which was passed on 31st August, regarding the decision of not prosecuting the elected representatives and Ministers who have criminal charges alleged against them.
The division bench consisting of Chief Justice Abhay S Oka and Justice Vishwajith Shetty passed an order stating,
“We direct that no further steps shall be taken on the basis of order dated Aug 31, 2020.”
The court passed this order while hearing the petition, that was filed by the People Union of Civil Liberties, Karnataka.
The Court further instructed the state governments to file objection statements against the government by 22nd January 2021 and listed the matter for hearing on 29th January.
During the earlier hearing by the court, the court observed that no court is bound by the government’s order to withdraw from the prosecution and the court has the power to examine the case and determine whether a prima facie case can be constituted.
The plea filed was against the withdrawal of cases against the State Law Minister, Agricultural Minister of the State, and a total of 61 other ministers and representatives.
Advocate Clifton D’ Rozario, representing the petitioners, contended that the decision taken was against the basic rule of law.
The court, while passing the judgment, had also referred to the case of S.K. Shukla & Ors. vs. State of Uttar Pradesh & Ors., where it was held that if the government instructed the Public Prosecutor to withdraw from the prosecution of any case, the latter may either agree or disagree after applying mind to the facts.
It further observed that in case the public prosecutor does not agree, he will have to return to the brief, and that the public prosecutor is not liable to follow the order passed by the state government and should thereby act independently.