Date:28/10/2006 URL: http://www.thehindu.com/2006/10/28/stories/2006102800990500.htm

Karnataka - Bangalore

Court slams petitioner for filing contempt plea

Staff Reporter

`There is no material to show that Mr. Deve Gowda has made an attack on judiciary'

BANGALORE: The Karnataka High Court on Friday dismissed a criminal contempt of court case against the Janata Dal Secular (JD-S) national president and the former Prime Minister H.D. Deve Gowda and Chief Minister H.D. Kumaraswamy and levied cost of Rs. 5,000 on the petitioner for "misusing the forum of the court only to serve the personal agenda."

The petitioner, A.V. Amarnathan, an advocate from Bangalore, had urged the court to initiate contempt proceedings against Mr. Deve Gowda and Mr. Kumaraswamy for issuing advertisements in newspapers on Bangalore Mysore Infrastructure Corridor (BMIC) project. Criticising such frivolous petitions, a Division Bench comprising Justice S.R. Bannutrmath and Justice Subash B. Adi said such contempt petitions could not be initiated without the consent of the Advocate-General (AG). It noted that the Advocate-General had not given his consent and upheld the office objection of the High Court on the maintainability of the petition.

Mr. Amarnathan had said that the High Court and the Supreme Court had decided cases on the BMIC project. The Supreme Court had dismissed a Special Leave Petition (SLP) by the State against the project and levied cost of Rs. 5 lakh.

The two respondents — Mr. Gowda and Mr. Kumaraswamy — the petitioner said had released advertisements in newspapers on the project. The Bench said the advertisement was only a clarification by the Janata Dal (S) and not by Mr. Gowda or Mr. Kumaraswamy. It said the clarification was given only after Nandi Infrastructure Corridor Enterprise (NICE) had given statements in the media on the project.

It said there was no indication to show that the respondents had issued the advertisement. "The act of the complainant in making the Chief Minister an accused clearly indicates mala fide intention rather than an effort to protect the honour of the court. There is no material in the advertisement to show that Mr. Deve Gowda has made an attack on the judiciary or commented on the proceedings," the Bench said.

It said the complainant had without any basis made the Chief Minister an accused.