Date:25/02/2007 URL: http://www.thehindu.com/2007/02/25/stories/2007022503240500.htm

Karnataka - Bangalore

Contempt plea rejected

Staff Reporter

BANGALORE: The Karnataka High Court on Friday rejected a petition by a city-based advocate seeking initiation of criminal contempt proceedings against Chief Minister H.D. Kumaraswamy for allegedly making derogatory remarks against the Karnataka Electricity Regulatory Commission (KERC) and its members.

The advocate, A.V. Amarnathan, had moved the High Court enclosing several newspapers citing the remarks after Advocate-General Uday Holla rejected his consent for it.

The petitioner said he had initially filed the application seeking permission to file a contempt case against Mr. Kumaraswamy.

This was so as the consent of the AG under Section 15 (1) (b) of the Contempt of Court's Act, 1971, is mandatory to initiate contempt.

After the Advocate-General rejected his application, Mr. Amarnathan filed the application directly before the High Court against Mr. Kumaswamy saying that the Chief Minister had made a scathing attack on the Karnataka Electricity Regulatory Commission (KERC) and personal attacks on some of its members after it had refused permission to increase the tariff.

Rejecting the petition, a Division Bench headed by Justice R. Gururajan quoted a Supreme Court order of 1993 saying that mere paper publication could not be foundation for initiating contempt proceedings against the Chief Minister.