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Karnataka HC scraps Siddaramaiah govt order to withdraw 43 criminal cases, says it's illegal
Karnataka HC scraps Siddaramaiah govt order to withdraw 43 criminal cases, says it's illegal

Hindustan Times

time29-05-2025

  • Politics
  • Hindustan Times

Karnataka HC scraps Siddaramaiah govt order to withdraw 43 criminal cases, says it's illegal

BENGALURU: The Karnataka high court on Thursday set aside the state government's order that directed prosecutors to withdraw 43 criminal cases, including one registered for the attack on a police station by a large group of people during the 2022 Hubballi riots. A bench of chief justice NV Anjaria and justice KV Aravind said the state government's order was 'illegal' and 'violated Section 321 of the Criminal Procedure Code' (CrPC) that empowers the public prosecutor to withdraw prosecution with the court's consent. 'GO (government order) is set aside. It is declared that the order shall stand non est from inception. Consequences in law will follow,' the high court said, allowing a public interest litigation filed by Girish Bharadwaj, a lawyer. The petition challenged the Siddaramaiah-led Congress government's October 15, 2024, order that required prosecutors to withdraw 43 cases registered between 2008 and 2023. The detailed order is yet to be released. During the hearings previously, the high court had indicated that the petition appeared to be prima facie justified since the state government had exceeded its authority to pass the government order when the department of prosecution and law have opined that the cases were not fit for withdrawal of prosecution. Advocate Venkatesh Dalwai, appearing for the petition, had argued before the division bench that the state government did not have a role in directing prosecutors to withdraw prosecution under Section 321 of CrPC . Dalwai said only the public prosecutor could decide whether a case should be withdrawn and that too, only with the court's consent. 'The prosecutor is not a post office for the executive,' Dalwai had argued. The petitioner alleged that the state government cherry-picked the cases to favour politically connected individuals. Some of these cases were registered against Kannada activists, farmer leaders, as well as Bharatiya Janata Party (BJP) leaders such as former minister MC Sudhakar and senior leader CT Ravi. But the most controversial was the 2022 Hubballi riot case, in which a mob vandalised a police station on April 12, 2022, after a protest over a controversial social media post that showed a saffron flag hoisted atop a mosque. 139 people, including All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader Mohammed Arif were arrayed as accused in the case. At the time, senior BJP leader and Union minister Pralhad Joshi, who represents the Hubballi-Dharwad Lok Sabha constituency, described the Congress government's decision to withdraw the Hubballi riots case as 'height of appeasement'. 'Unfortunately, the Congress party here in Karnataka has reached the height of appeasement. They have withdrawn the case under the UAPA, when the matter is before the NIA court. In normal course as far as I know, the state cannot withdraw it but still they have withdrawn it. This is the height of appeasement,' Joshi said. Chief minister Siddaramaiah had then defended the cabinet decision to withdraw the cases, and argued that the cabinet had the powers. 'There is a cabinet subcommittee under home minister's leadership, as per their discretion, they have taken the decision and the cabinet has approved it,' he said on 11 October. The state government has not reacted to the court verdict yet.

Hussain Dalwai compares RSS with ISIS, calls it a 'terrorist organisation'
Hussain Dalwai compares RSS with ISIS, calls it a 'terrorist organisation'

Hans India

time30-04-2025

  • Politics
  • Hans India

Hussain Dalwai compares RSS with ISIS, calls it a 'terrorist organisation'

Mumbai: In remarks that could whip up controversy, Congress's Maharashtra leader Hussain Dalwai on Wednesday compared the Rashtriya Swayamsevak Sangh (RSS) to ISIS, calling it a "terrorist organisation." This statement followed comments made by senior RSS leader Kalladka Prabhakar Bhat, who said: "Every Hindu household should keep a sword. If Hindus had shown a sword during the Pahalgam attack, that would have been enough.' Speaking to IANS, Dalwai criticised Bhat's remarks. "This is a completely wrong statement. It implies that they do not believe in the Constitution of India at all. They want to incite conflict and spread anger across every village. I believe that just as ISIS spreads terror in Pakistan, similar actions are now being carried out by the RSS here," he said. "RSS leaders should clarify whether they consider the organisation a terrorist one. If it is, then their statements make sense. But if not, then the head of the RSS should publicly clarify their position and expel those who make such inflammatory remarks. In my view, the RSS operates like a terrorist organisation," he added. Dalwai further stated: "The remarks made by a leader from Kerala have no weight, and it reflects the RSS's overall ideology. Similar ideologies have taken root in both Pakistan and here. The public must recognise what these individuals are doing. Does keeping a sword or knife in one's home promote peace, or does it stir violence? If these actions are aimed at inciting terrorism, then the public must be vigilant and respond accordingly." On Prime Minister Narendra Modi's statement that the armed forces have his full confidence and complete operational freedom to decide on the mode, targets, and timing of India's response to the recent terror attack in Pahalgam, which killed 26 people, Dalwai said: "I have always maintained that the Prime Minister should have engaged the Opposition earlier. He made grand statements in Bihar, and if he is serious now, we will welcome that. People in Pakistan even say that he should govern there, in Lahore - it would be better than what they currently have. Pakistan lacks democracy; it is ruled by the military, and they act without accountability. If the Prime Minister is learning lessons from that, then we support him." "Rahul Gandhi and (Congress President) Mallikarjun Kharge have suggested that a special session of Parliament be convened to discuss these issues collectively. If the government is willing to take this step, the Opposition will fully support them," he added.

Police detain Congress leader Husain Dalwai briefly as he tries to visit site of demolished dargah in Kathe Galli
Police detain Congress leader Husain Dalwai briefly as he tries to visit site of demolished dargah in Kathe Galli

Time of India

time22-04-2025

  • Politics
  • Time of India

Police detain Congress leader Husain Dalwai briefly as he tries to visit site of demolished dargah in Kathe Galli

Nashik : Congress leader Husain Dalwai was on Tuesday stopped from visiting the site of the Satpeer Dargah in the Kathe Galli area and taken to Gangapur police station, from where he was released after an hour. Speaking to the media after his release, Dalwai said, "I was not visiting the dargah site to fight but wanted to see the post-demolition situation and pray. Despite requesting to be allowed to visit with only five other people, the police did not allow me in." Dalwai criticised the civic authority for demolishing the dargah in a hurry, citing that the matter was still sub judice. "The dargah was 350 years old and the trust had already removed the unauthorised parts of the premises on its own in Feb this year. Hence, there was no need to demolish the dargah in a hurry a few hours before the Supreme Court hearing," said Dalwai, adding, "I believe in the court and Constitution of the country. The matter is still in the high court, and we will abide by the court's order on the issue, whatever it may be." Dalwai also alleged that some BJP politicians are making controversial statements to create religious unrest. He claimed, "Instead or working for the development of the state and addressing issues like unemployment and inflation, the ruling party is trying to create disputes." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Free P2,000 GCash eGift UnionBank Credit Card Apply Now Undo Asked about the stone pelting during the dargah demolition , in which several police officers were injured, and cases were filed against over 1,000 people, he said he would not support those who resorted to stone pelting and taking the law into their own hands. "Protests should have been conducted peacefully by wearing black badges," he said. Dalwai added that he met the Nashik commissioner of police, Sandeep Karnik, and urged him that those guilty of the violence during the demolition should be punished, but those who are innocent should be released. "The CP assured me that the innocent would not be booked and would be released," he said. A senior officer of the Nashik city police confirmed, "Dalwai visited the CP at the police commissionerate and spoke to him for close to half an hour. Dalwai insisted that innocent people should not be booked or arrested for violence." The officer added, "After meeting the CP, Dalwai headed to the dargah site, which has been cordoned off by the police. So, we did not allow him to enter. As he was adamant, he was detained by the Gangapur police. The situation was explained, and he was released."

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