The Karnataka government has made a controversial decision to withdraw the 2022 Old Hubballi riot case, facing significant backlash from law enforcement officials and the Law Department. Official documents reveal that key police and legal authorities cautioned against this move, warning that it could create a troubling precedent.
The case, registered at the Old Hubballi Police Station, stemmed from vandalism during riots that erupted when a provocative social media post featuring a saffron flag atop a mosque was shared by an individual named Abhishek Hiremath on April 16, 2022. One of the individuals implicated in the unrest was an AIMIM corporator, who was arrested on April 23, 2024, for allegedly inciting violence.
On October 5, 2023, the Director General and Inspector General of Police expressed serious apprehensions in a letter to the state government. The Hubballi-Dharwad Police Commissioner stated that withdrawing the case could foster a climate of impunity, potentially inciting similar incidents in the future and undermining police morale. The letter emphasized that the case was already under judicial consideration, reinforcing the argument against its withdrawal.
The Law Department also opposed the government’s decision. In a comprehensive report dated September 15, 2023, leading legal officials asserted that there was no legitimate public interest or justification for retracting the case, advocating for the legal process to continue uninterrupted.
Despite these explicit warnings, the Karnataka government expedited the case withdrawal process, securing cabinet approval and submitting the withdrawal application in a rapid two-and-a-half-month timeframe.
The Old Hubballi riots were characterized by escalating violence, with protesters gathering outside the police station, resulting in significant damage to police vehicles and public property. Four police officers sustained injuries during the unrest, compelling law enforcement to resort to a lathi charge to restore order.
Documents indicate that the government acted quickly, as on October 10, 2024, the cabinet decided to withdraw 43 riot-related cases statewide, including the Old Hubballi incident. This decision was solidified five days later with an official government order, and by October 21, relevant law and prosecution departments were notified.
On December 6, 2024, the Special Public Prosecutor was directed to execute the withdrawal of the case. The subsequent application to withdraw was filed on December 24, 2024, in the city civil and NIA courts under Section 321 of the Code of Criminal Procedure. However, the application lacks detailed justification for the withdrawal, citing only the government directive. A hearing for the case is scheduled for April 7, 2025.
The Karnataka High Court is currently reviewing a Public Interest Litigation (PIL) that challenges the government’s authority to withdraw riot-related cases, raising critical questions about legal accountability and governance.
