Karnataka HC stays govt order dropping 61 charges against Ministers, elected representatives
Bengaluru, Dec 21: The Karnataka High Court on Monday stayed the State government's order dropping 61 charges against ministers and the elected representatives.
"We direct that no further steps shall be taken on the basis of the order dated August 31, 2020," the division bench, comprising Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty, ordered.
The court ordered the government to file its objection by January 22, next year.
The order was based on a petition filed by an NGO, People's Union of Civil Liberties, challenging the government decision to withdraw prosecution of 61 cases under section 321 of the Criminal Procedure Code.
During previous hearing of the case on December 1, the High Court cited an Apex Court order.
It maintained that even if Government instructs to the public prosecutor to withdraw from the prosecution of a case, the latter after applying his mind to the facts of the case may either agree with the instructions and file a petition before the Court stating grounds of withdrawal or disagree therewith having found a good case for prosecution and refuse to file the withdrawal petition.
"It is further observed that in the event the Public Prosecutor disagrees, he will have to return the brief.
It is further observed that the Public Prosecutor cannot act like a postbox or act on the dictates of the State Government and he has to act objectively as he is also an officer of the Court," the court noted.
It further stated that the action under Section 321 of the CrPC can be taken only with the permission of the Court.
"No Court is bound by such a decision taken to withdraw from the prosecution.
Even if an application is made under Section 321 of CrPC, the Courts are duty bound to assess whether a prima facie case is made out or not and that the Court has power to reject the prayer," the court had observed.
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Sharad Pawar's 'merger with Cong' remark shows it's difficult for him to run his party,says Fadnavis
Mumbai, May 8: NCP founder Sharad Pawar's remark on regional parties' possible merger with the Congress shows it has become difficult for him to manage his own party, Maharashtra Deputy Chief Minister Devendra Fadnavis said on Wednesday.
Chief Minister Eknath Shinde latched on to Pawar's comment to target Shiv Sena (UBT) chief Uddhav Thackeray, saying the latter has already become "Congress-minded".
Another leader of the ruling 'Mahayuti' in Maharashtra said Pawar's remarks reflect that ground was slipping from under his feet in his home turf Baramati and the only option before him was merging his party with the Congress.
In an interview to The Indian Express, Pawar said that in the next couple of years, several regional parties will associate more closely with the Congress or may look at the option of merger with it if they believe that is best for their party.
To a question if that applied to his own party, Pawar told the newspaper that he doesn't see any difference between the Congress and his party because both belong to the Gandhi, Nehru line of thinking.
Pawar made it clear that any decision on strategy or the next step will be taken collectively. He also said that his party is close to the Congress ideologically and that Uddhav Thackeray is positive about working together with like-minded parties.
Asked about Pawar's remark, Shinde said the Shiv Sena (UBT) has already become Congress-minded.
"Pawar is a big leader and he makes such statements. But the Sena (UBT) faction has already become Congress as they speak the language of the Congress and Pakistan," Shinde, who heads the ruling Shiv Sena, said.
"Just the formality (of merger between them) is remaining," he added.
Fadnavis said that through his remark, Pawar might be suggesting that it was difficult for him to run his party and hence he may opt to merge it with the Congress.
"It is nothing new because Pawar has formed new parties and later merged them with the Congress," he said.
Former Congress leader Sanjay Nirupam, who recently rejoined the ruling Shiv Sena led by CM Shinde, said Pawar has been thinking about merging his party with the Congress for a long time and even the Congress had given the proposal to this effect to him.
"But Congress rejected the proposal to entrust the leadership to Supriya Sule. Pawar's fresh comment suggests that the ground is slipping from under his feet in Baramati. Even if that is not the case, he has no option but merge his party with Congress which will be seen as a merger of two loss-making companies," the former MP said.
BJP leader Prasad Lad asked whether the Sena (UBT) will merge with the Congress along with the Sharad Pawar-led party.
"Uddhav Thackeray has stopped saying 'My Hindu brothers and sisters' at the outset of his speeches. He has become friends with those who criticise Veer Savarkar. Only time will tell whether Thackeray will merge his party with Congress," he said.
NCP (SP) working president Supriya Sule said her father made a generic statement.
Leader of Opposition in the state assembly and senior Congress leader Vijay Waddetiwar said there was truth in what Pawar said.
"He has a long-term vision. People are fed up with the dictatorial regime and want a change of guard," he said, targeting the BJP-led government.
Chhagan Bhujbal of the Ajit Pawar-led NCP said he doesn't think regional parties will merge with the Congress.
"They are strong in their respective states and have formed governments in West Bengal and Odisha," he said, referring to the Trinamool Congress (TMC) and the Biju Janata Dal (BJD).
The NCP founded by Sharad Pawar in 1999 split in July 2023 after his nephew Ajit Pawar rebelled against him and joined the Eknath Shinde-led government. The Election Commission and assembly speaker later recognised the Ajit Pawar-led faction as the "real NCP" and allotted the clock symbol to it, while the NCP (SP) group was given 'man blowing turha' as the symbol.
