India / Karnataka govt withdraws 62 criminal cases against BJP leaders

Bengaluru: The B.S. Yediyurappa-led government has decided to withdraw at least 62 criminal cases implicating various Bharatiya Janata Party leaders, who are likely to escape trial, despite the law department advising against it. Meanwhile, the Karnataka high court stayed the proceedings against chief minister Yediyurappa, by a district court at Gokak, in a complaint alleging violation of the election code of conduct.

The decision to withdraw the cases against BJP leaders, including sitting MPs and MLAs, was based on recommendations of a subcommittee headed by home minister Basavaraj Bommai, according to reports. However, three governing bodies – the director general and inspector general of police, the director of prosecution and government litigation and the law department – have recommended against the withdrawal of these cases.

Election code against Yediyurappa

Yediyurappa had moved the high court seeking to quash a complaint dated November 26, 2019, registered against him for offences under Section 123 (3) of the Representation of Peoples Act, 1951 and under Section 171 (F) of the Indian Penal Code (IPC). Further, the plea also sought to quash the order dated June 26, issuing summons to him, according to LiveLaw.

In November, Yediyurappa, while addressing an election rally in Gokak, appealed to the Veerashaiva-Lingayat voters to support MLA Ramesh Jarkiholi, who had last year joined the BJP along with other rebels. Yediyurappa had appealed in his speech that the Veerashaiva Lingayat community members’ votes must be consolidated and should not disperse here and there. This act allegedly violated the election code of conduct.

Which are the 62 criminal cases being withdrawn?

Among the cases being withdrawn is the one against law minister J.C. Madhuswamy and tourism minister C.T. Ravi, who were charged under IPC sections 143 (unlawful assembly), 147 (rioting with dangerous weapons) and 339 (wrongful restraint). The case pertains to a fight that broke out between students of two communities at Hunsur in Mysuru district in November 2015.

Another case withdrawn is that of Hospete turncoat MLA Anand Singh. It relates to the blocking of the Hospete taluk office by about 300 people, followed by pelting stones and vandalising property, causing damage worth Rs 3 lakh. Singh was charged with offences like criminal intimidation, assault on public servant to not allow him do his duty along with damage to public property.

Agriculture minister B.C. Patil was charged in a 2012 case when the then Congress MLA, during Ganesh idol immersion, was part of a mob that abused police personnel by throwing stones and chappals and damaging police vehicles.

Among others escaping trial is Mysuru MP Pratap Simha, who was charged in a case of overspeeding, breaking down barricades and injuring additional superintendent of police, who tried to stop him during a Hanuman Jayanthi procession in December 2017. He was also accused of voluntarily causing hurt to public servant in discharge of his duty.

Some of the other cases withdrawn involve BJP supporters and leaders like independent MP Sumalatha Ambarish, Yelburga MLA Hallapa Achar, the chief minister’s political secretary MP Renukacharya and former Kagwad MLA K.P. Megannavar.

‘A routine affair’

Calling it a routine affair, law minister J.C. Madhuswamy told News18 the cabinet has in the past withdrawn such cases in ‘public interest’. “Decision on these 62 cases was taken earlier, we have withdrawn cases in the past as well in which Congress and JD(S) leaders were involved. But this cannot mean that those involved in cases like the Bengaluru riots and loot will be spared,” Madhuswamy said.

The minister added that cases filed against individuals would remain, suggesting that the aforementioned withdrawals would benefit only BJP leaders. “If Pratap Simha or Renukacharya fight for a public cause, we will withdraw cases against them. If they were fighting for fundamental rights of people of their constituencies and cases of public importance where people stage a stir against the establishment, which they have the right to and at that time, police filed suo moto cases, such cases are being withdrawn,” he said.

Further, the minister said the sub-committee was withdrawing many of the cases to reduce the burden on the courts, as many of these cases involve many people and would have led to minor punishments.