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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF AUGUST, 2021

PRESENT

THE HON’BLE Mr. ABHAY S. OKA, CHIEF JUSTICE

AND

THE HON’BLE Mr. JUSTICE N.S. SANJAY GOWDA

WRIT PETITION No. 13781/2020 (GM-RES)

BETWEEN :

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People’s Union for Civil Liberties –

Karnataka, No. 15/1, 1^st Cross

Post Office Road

Sampangiram Nagar

Bengaluru – 560 027

Represented by its

President

Prof. Y.J. Rajendra.

… PETITIONER

(By Sri. Clifton D’Rozario, Adv. [VC])

AND :

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1.

State of Karnataka

Represented by its

Chief Secretary

Vidhana Soudha

Bengaluru – 560 001.

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2.

State of Karnataka

Represented by its

Principal Secretary

Home Department

Vidhana Soudha

Bengaluru – 560 001.

3.

State of Karnataka

Represented by its

Principal Secretary

Law Department

Vidhana Soudha

Bengaluru – 560 001.

4.

Director General &

Inspector General of Police

Nrupathunga Road

Bengaluru – 560 001

5.

Directorate of Prosecutions and

Government Litigation

6^th Floor, Cauvery Bhavan

Bengaluru – 560 009

Represented by its Director.

… RESPONDENTS

(By Sri. V. Sreenidhi, AGA, for R-1 to 5 [P])

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This Writ Petition is filed under Article 226 of the

Constitution of India with a prayer to quash the

Government Order dated 31.08.2020 according permission

for withdrawal of prosecution under Section 321 of the

Code of Criminal Procedure (placed as Annexure-K) insofar

as the criminal cases against elected representatives is

concerned and etc.

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This Writ Petition coming on for Preliminary Hearing

this day through Video Conferencing/Physical Hearing,

CHIEF JUSTICE, passed the following;

O R D E R

The learned counsel appearing for the petitioner has

invited our attention to the order dated 10^th August, 2021

passed by the Apex Court in the case of Ashwini Kumar

Upadhyay Vs. Union of India and another, W.P. (Civil) No.

699/2016. The relevant portion of the directions issued by

the Apex Court reads thus:

“In view of the law laid down by this

Court, we deem it appropriate to direct that no

prosecution

against

a

sitting

or

former

M.P./M.L.A. shall be withdrawn without the

leave of the High Court in the respective suo-

motu writ petitions registered in pursuance of

our order dated 16.09.2020. The High Courts

are requested to examine the withdrawals,

whether

pending

or

disposed

of

since

16.09.2020, in light of guidelines laid down by

this Court.”

(underlines added)

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2. The learned counsel appearing for the petitioner

rightly pointed out that now the State Government will be

bound by the aforesaid directions and in view of the binding

directions of the Apex Court, it is not necessary for this Court

to issue any writ against the State Government. Hence, the

petition is disposed of by making it clear that the State

Government shall scrupulously follow the directions issued by

the Apex Court which are quoted above. Needless to clarify

that the Government Order dated 31^st August, 2020 will not

apply to withdrawal of the cases against the sitting or former

Members of Parliament or Members of Legislative Assemblies

and the same will be governed by the aforesaid order of the

Apex Court.

3. As directed by the Apex Court, the legality of the

action

of

the

State

Government

taken

after

16^th

September, 2020 of withdrawal of prosecutions against the

sitting or former Members of Parliament or Members of

Legislative Assembly will have to be considered and

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examined in W.P. No. 10240/2020. For consideration of the

said issue in the light of the aforesaid directions issued by

the Apex Court, the State Government shall place on record

of W.P. No. 10240/2020 the orders passed regarding

withdrawal of prosecutions against the sitting or former

Members of Parliament or Members of Legislative Assembly

passed from 16^th September, 2020 onwards. A cop