Will let Uma go: flip-flop Karnataka

The Karnataka government did today what it has already done twice, the last time as recently as June 21: it told the court that it was ready...

The Karnataka government did today what it has already done twice, the last time as recently as June 21: it told the court that it was ready to withdraw all cases filed against Uma Bharati in connection with the Hubli-Idgah controversy.

Of course, this was a U-turn given that the state government’s last move was to file an application, on August 19, seeking to revive the cases against Bharati who spent her fifth day in judicial custody today.

During the hearing of a Public Interest Litigation (PIL) filed by Raghunath Gowda, seeking quashing of proceedings against Uma Bharati, Advocate General B T Parthasarathy told the Karnataka High Court that the Government stood by its Cabinet decision taken in 2002 to withdraw all cases against Bharati.

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However, the bench, comprising Chief Justice N K Jain and Justice V G Sabhahit, dismissed the petition, saying that the matter was sub-judice and legal remedy was available in the criminal case. ‘‘The Court cannot issue directions on the PIL,’’ the bench said.

Based on the state’s submission, the High Court directed the Judicial Magistrate First Class (JFMC), Hubli, to reconsider the Government’s application to withdraw the cases against Uma Bharati.

	Twice earlier, state govt did the same thing

			• Feb 22, 1995: Karnataka police chargesheet Uma under, among other provisions, Section 307 (attempt to murder) Jan 23, 2002: Govt order to withdraw all cases July 11, 2002: All cases withdrawn except one under Sec 307, magistrate says Sessions court has jurisdiction May 31, 2004: 2 weeks after NDA rout, Uma challenges magistrate’s order June 21, 2004: State govt files revision petition endorsing Uma’s view August 3, 2004: Hubli magistrate issues latest warrant against Uma August 19, 2004: Prosecution seeks withdrawal of revision petition August 23, 2004: Sessions court dismisses state’s petition and Uma’s too August 25, 2004: Bharati surrenders, goes to jail

Arguing for the Government, Advocate General B T Parthasarathy denied that there was any ‘‘political vendetta’’ against Bharati. The APP had not given his opinion along with the Government’s application seeking withdrawal of all the cases. As his opinion is mandatory as per Supreme Court guidelines, the matter will be communicated to the APP and ‘‘set right within a couple of days,’’ Parthasarathy said. The bench also observed that Bharati was free to approach the HC seeking bail on medical grounds and also quashing of proceedings against her.

In the PIL, Gowda charged the Government with hatching a conspiracy to implicate Bharati in the case. The state police had filed cases against Bharati on Aug 15, 1994, after she defied curfew, which was imposed due to a dispute over hoisting the National Flag at the Hubli-Idgah grounds.

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Rioting and attempt to murder cases were filed against Bharati and 21 others. In 2002, the then Krishna Govt informed the Court that the Government was not keen on pursuing the cases, following which all, but one criminal case against Bharati were withdrawn. The case was given a fresh lease of life when the present Congress-JD (S) coalition Govt issued a fresh non-bailable arrest warrant against Uma Bharti on August 3.