Last week, the Siddaramaiah-led Congress government in Karnataka decided to withdraw 43 cases, which include the 2022 Hubballi riot case against a mob and several cases filed against farmer leaders and pro-Kannada activists, among others.
The Siddaramaiah Cabinet took the decision on the basis of the recommendations made by the Cabinet Sub-Committee, headed by Home Minister G Parameshwara.
The withdrawal of the Hubballi case has triggered a controversy, with the principal Opposition BJP attacking the Congress government for allegedly indulging in “minority appeasement”. The BJP staged a protest in Bengaluru on the issue Monday and petitioned Governor Thawar Chand Gehlot urging him to revoke the Cabinet decision.
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The complaint filed with the Governor by state BJP president B Y Vijayendra and Leader of Opposition R Ashok alleged: “This decision of withdrawal (of the Hubballi case) is seen as another instance of the Congress-led government favouring certain communities at the cost of justice.”
The Congress has rejected these allegations, asserting that the cases were withdrawn as per “due process” and that several cases were withdrawn during the previous BJP government too.
What is the Hubballi case row?
The Hubballi case in Dharwad district was related to an alleged derogatory social media post against Islam by an accused, who was arrested. According to the police FIR, a large number of people arrived at the Old Hubballi Town police station on April 16, 2022 and demanded that the accused be handed over to them. The situation soon escalated leading to stone-pelting at the police station and attack on police personnel by the mob.
The police then registered a case of rioting, attempted murder, attacking government officers, damaging government and public properties and also under Unlawful Activities (Prevention) Act against the rioters.
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Prohibitory orders were imposed in Hubballi by the police, after which a total of 152 were arrested in connection with 12 cases related to the incident.
The Cabinet Sub-Committee’s recommendation for withdrawal of the Hubballi case came following a petition filed in 2023 by a Muslim organisation Anjuman-e-Islam and D B Chalawadi, head of an association of various Dalit groups.
The state BJP leaders have condemned the government’s move, with Union minister Prahlad Joshi charging that “Unfortunately, the Congress party in Karnataka has reached the height of appeasement. They have withdrawn the UAPA case, 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”.
Calling the Congress a “party of those who support terrorists”, Joshi also alleged that the party has caused a “grave threat to society” by withdrawing such a case.
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Chief Minister Siddaramaiah, however, defended the government’s decision, saying whenever “false cases or deliberately cases were filed against protesters, the Cabinet Sub-Committee has withdrawn such cases”. He also pointed out that despite the Cabinet decision, the courts have to approve the withdrawal of these cases, adding that the previous BJP government had also withdrawn several cases against the RSS and its affiliated outfits.
How cases were withdrawn by Cong govt
The Parameshwar-headed Cabinet Sub-Committee reviewed 60 cases based on “representations received from various public representatives and public”
in its three meetings held over the past one year – on September 14, 2023, December 28, 2023 and September 5, 2024 – before making recommendations for their withdrawal from prosecution.
On October 10, based on the Parameshwar panel’s recommendations, the Siddaramaiah Cabinet decided to withdraw 43 cases under section 321 of the Code of Criminal Procedure.
Other withdrawn cases
The maximum number of cases withdrawn by the Congress government are from the year 2022 (16) and 2021(8), when the BJP was in power. Some cases date back to even 2008.
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Like the Hubli incident, another case where police were attacked occurred in October 2019 during the Valmiki Jayanti celebration at Nanjangud in Mysuru district, where the participants of a procession had clashed with police after the latter objected to their playing loud music.
The Siddaramaiah Cabinet decided to withdraw a case related to an assault on a Muslim girl pursuing her graduation by two male students, who allegedly pulled her hijab during the pro- and anti-hijab protests in 2022, at Harihar in Davanagere district. This incident had stoked communal tension in the region.
The Cabinet also decided to withdraw a 2022 case from Aland in Kalaburagi district that was filed against pro-hijab protesters led by AIMIM leader Zaheeruddin Ansari.
Other cases withdrawn include one where the police were allegedly assaulted by activists protesting farm laws at Gadag in 2020.
The Siddaramaiah government also withdrew cases based on the petitions filed by several rights and farmer leaders as well as some BJP leaders such as Union minister V Somanna, Lok Sabha MP K Sudhakar and BJP MLC C T Ravi.
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The two petitions filed by Somanna during the previous BJP government were related to cases filed in 2008 against T A Narayanagowda, president of the pro-Kannada group Karnataka Rakshana Vedike. While one case was related to the outfit’s protest demanding primacy for Kannadigas in railway jobs, the second was its alleged attack on a cable network office accusing it of links with Tamil Nadu.
A petition filed by Sudhakar and Ravi in 2021 was related to a case in 2015, when farmers were booked for blocking a highway at Bagepalli in Chikkaballapur during a protest.
Cases withdrawn by previous govts
In 2021, the then Yediyurappa-led BJP government had come under attack for dropping 21 cases related to communal violence and cow protection. This benefited former MP Prathap Simha, 206 members of various Hindu outfits and 106 Muslims.
Ahead of the 2018 state Assembly polls, the then Siddaramaiah-led Congress government had drawn flak from the BJP for dropping cases against several members of the now-banned Popular Front of India (PFI).
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On Monday, Parameshwara defended the Congress government’s decision to withdraw the Hubballi riot case among others, saying that the BJP government in Karnataka and other states have also done the same.
“The Uttar Pradesh Chief Minister (Yogi Adityanath) had cases against him. He withdrew cases against him holding the Chief Minister’s post. So many cases were withdrawn,” Parameshwara told reporters.
Slamming the BJP, Parameshwara said, “Whom are you accusing when the system is like that? We have done it within the framework of the system.”
He said there were about 60 proposals and the government withdrew 43 cases. “Are there only minorities in those cases? All are there – farmers, students, and ordinary citizens who took part in various agitations. If all the 43 cases were against the minorities then I agree with them. We cannot do that. We have to see everyone with equal footing,” he told reporters.
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Explaining the procedure, the Home Minister said, “After approving the proposal to withdraw the case, we have to inform the court. If the court accepts the proposal then the case will be withdrawn. If it doesn’t then the case won’t be withdrawn. We have to follow all the procedures cautiously. We cannot withdraw on our own just because someone said it.”
— With PTI inputs