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Bangalore: HC Takes Umbrage at PIL Against CM

  •   Wed, Aug 17 2011 03:33:23 PM

Daijiworld Media Network – Bangalore (SP)

Bangalore, Aug 17: A division bench of the High Court on Tuesday, August 16, took a petitioner to task for filing public interest litigation (PIL) against Karnataka Chief Minister (CM), D V Sadananda Gowda.

The petitioner, Nagalakshmi Bai, had through the petition, sought action against the CM and BJP MLA, Jeevaraj, alleging that they had been constructing a five-storied building illegally in a site allotted by Bangalore Development Authority. The bench remarked that the petitioner had chosen to release press statements on the issue even before the PIL came up for hearing, with the sole aim of gaining publicity. “Prima facie, the PIL appears to have been filed with malicious intentions. Thousands of illegal buildings are coming up in the city, and you have not chosen to seek action against any of them. Now, how far are you right in seeking action against the CM? What is your motive behind filing the PIL the day on which Gowda became the CM? It is clear that you have targeted the CM, backed by the urge to get free publicity,” the bench said.

The bench also questioned the petitioner as to why she did not explore the remedies of approaching the department and the authorities concerned before approaching the court. “You could have come to us if these authorities had failed to act on your application. Why did you wait till Gowda became CM before filing the petition? We do not find a public interest in the petition filed by you,” Chief Justice, Justice K S Khehar, said.

The petitioner tried to justify her action by saying that she has been filing PILs since the last several years. The bench, while adjourning hearing in the petition, asked the petitioners to file details of all the PILs filed by her so far, and their outcomes, within three weeks.
  

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Comment on this article

  • Raj, Bangalore

    Wed, Aug 17 2011

    Thousands of illegal buildings are coming up in city and the bench takes no action about it!!. Who is accountable to take action??? CM ?? or common man??

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  • suresh, hyderabad

    Wed, Aug 17 2011

    Very strange indeed that the judge should accept the large numbers of illegal buildings and find that sufficient reason not to act on the PIL. The citizens of this democracy have been so idiotic that they have voted themselves to slavery under these corrupt individuals.

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  • Js, Bangalore

    Wed, Aug 17 2011

    There is a point with the bench. She should have approached the concerned authorities first and asked them to act on it. Only if they didn't respond to her complaint then she has every right to lodge a PIL. There seems to be a malicious motif behind her direct approach!

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  • KT, Mangalore

    Wed, Aug 17 2011

    Take it easy, Dev. Casting aspersions on a justice can land you in trouble, even though what you say has more than merit. If at all their observation about 1000 illegal construction is true, then they should have taken suo moto cognizance of the fact and registered a pil themselves. However, let us what the august justice has to say the next time (he is probably going to the SC soon). They will look upon anything said here as contempt of court. Which seems to be a fair appraisal of the mood of the people - given the depth of the contempt.

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  • ganesh, Tiruchirappalli

    Wed, Aug 17 2011

    If the Hon'ble Judge feels that thousands of illegal buildings are being constructed, he too should not keep quiet but should have taken action already or take action even now including this case of the present CM irrespective of the day or date of filing or to gain popularity. IF AN ILLEGAL CONSTRUCTION IS DONE BY EVEN THE CM OR ANYONE CLOSE TO HIM OR HIS FAMILY OR SUPPORTER, ACTION SHOULD IMMEDIATELY BE TAKEN IN THIS INSTANT CASE AND MAY BE FOLLOWED BY ACTION ON OTHERS. YATHA RAJA THATHA PRAJA

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  • VINCY, SHAMBOOR/BANGKOK

    Wed, Aug 17 2011

    This sounds very strange if the bench is rejecting a PIL for the reason that the petitioner was waiting DVS to become CM.The Bench should see the content of the PIL not the time and the person against whom it is filed.I doubt on the credibility of the Bench.

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  • Dev, Mangalore

    Wed, Aug 17 2011

    It seems the motive of litigant is biq question to the court than the illegality of actions(or inaction) by people adoring high offices.
    Wait & see what this Kehar's future actions- as many of his judgements had favoured the ruling party in the past (in Karnataka).

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