Government decisions to drop criminal cases must balance legal due process with accountability, as demonstrated by the Karnataka government's withdrawal of Aland riot cases, which faced criticism from BJP and Hindu activists for potentially undermining justice and encouraging lawlessness, while the Karnataka High Court had previously stayed similar case withdrawals, highlighting the importance of judicial oversight in maintaining legal accountability.
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Karnataka Govt Faces Backlash Over Decision to Drop Aland Riot CasesHinzugefügt:
the rights that happened in Alan. The BJP's saying this is appeasement. It's drawn a lot of criticism. How do you respond to this? It's not appeasement.
Not only Congress, lot of other people's cases have been withdrawn. Like Mutalik and other Narayan Gowda, all these things have been withdrawn after deliberation, getting a report from the law department. And this is not the first time.
Every government, the BJP government, I can bring show you a big list of people who are there withdrawn cases. As per law, we have done it. There's nothing of appeasement like that. But at the same time, some of the advocates saying that the Old Hubli police station rights case which was dropped, got that order got stayed by the Karnataka High Court. So, there's a legal precedence where the High Court has usually frowned upon such decisions.
>> Whatever decision has to come before coming to cabinet, it'll be deliberated, taken opinion from the law department, then it becomes to cabinet. This is not the first time.
Every cabinet has got this one, either it's a JDS government or the BJP government, whenever it was there, it is a always it takes routine. Finally, it is the report from the law department about the nature of the case. And if it is a protest uh in the interest of state, if some issues are there, definitely they withdraw. And these all the cases around 50, I think around 50 cases, 52 cases have been withdrawn. It is as per law.
Nothing of appeasement.
Harish Upadhya, who brings us that news, joins me live. Harish, give us a little more on where has the government erred.
If the BJP accuses the government of releasing criminals, the government says it's as per law, do we do we go by the government's version?
Well, we'll have to go by what's happened in the last 2 years, Nabila.
There's a precedence here. In 2024, the Karnataka government sometime in November dropped this case of Old Hubli police station rights case. Similar case, similar way, they went against their own law department opinion, own own on uh state home department opinion and they dropped those cases. The High Court after that in fact said that it set aside the uh cabinet decision and said that the trial will continue in that particular case. So, the courts have frowned upon this for two reasons. One, when the trial is on when the judiciary is hearing the case for the political class to come out and drop those cases and drop it in mass. Remember here we're not talking about a few individuals being let go. Whole cases are being dropped which means there's a possibility that real culprits are also getting away. Uh even if you take the Karnataka government's reasoning that some innocents might be uh caught in this case and that's why they want to drop these cases. That doesn't cut ice with the court and that's why many are asking why is it that the Karnataka government is not learning its lessons especially when the Karnataka High Court just a year ago had made it very clear that it doesn't perhaps deem fit for the government to drop such cases.
Well, uh you know, give us a little sense of what really happened uh you know, a few years ago in that Dargah right outside. There were communal rights. Uh what triggered it? What panned out and how long have these people been in prison?
Well, in fact many of them are out on bail. Why is it problematic? Because Nabila, remember this happened in Feb 2022 and I've seen the cabinet documents and notes that were presented before the cabinet ministers and the cabinet subcommittee. That in fact in detail it records what transpired on that day. In fact, it says in one of the on one of the occasions it had a mob of nearly 1,000 people. Many of them carrying lethal weapons. Some carrying knives. Some carrying lathis. And it was attack. It was a murderous attack on police personnel who were posted there. It also in fact details on how public property was destroyed, the kind of warnings that were given out. In fact, one of the accused in this case tells the police party that was present there saying "Tum bhi wahi log ho, tum abhi nahi chhodenge." Such warning given out to policemen. If you look at the visuals, in fact, police are clearly outnumbered, but still they hold their fort. They try and maintain law and order in Ireland.
And uh that is why many are asking if you now drop these cases, what is the message you're sending out to the larger police force that they're risking their life to ensure law and order is maintained and people culprits who were booked, if they are let go off perhaps in 48 hours time without even the trial getting completed, then it emboldens such elements to take on the police and perhaps indulging more such activities.
>> Absolutely, Harish. In fact, uh you have Hindu activists now uh have enough getting enough ammunition to fire salvos at the government. Let's hear it.
Mhm.
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