Date:13/01/2009 URL: http://www.thehindu.com/2009/01/13/stories/2009011350310100.htm

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Court treats Deve Gowda’s letter on BMIC as PIL

Staff Reporter

‘Such a letter when a case is pending is unprecedented’

Counsel for NICE to take it to Supreme Court
BMIC project riddled with irregularities, says Deve Gowda

BANGALORE: In a new twist to the contentious Bangalore-Mysore Infrastructure Corridor (BMIC) project, the Karnataka High Court has decided to treat as a public interest litigation (PIL) petition a letter written by the former Prime Minister and president of the Janata Dal (Secular) H.D. Deve Gowda to the judges of the High Court.

The letter, which was sent along with copies of a book titled “Bangalore Mysore Infrastructure Corridor Project: A Case Study in Fraud and Collusion to Defeat the Ends of Justice” published by his party, describes the BMIC project as being riddled with irregularities and a “massive fraud worth more than Rs. 30,000 crore”.

Consequent to this, a Division Bench comprising Chief Justice P.D. Dinakaran and Justice V.G. Sabhahit ordered issue of notice to Mr. Deve Gowda and posted it to February 2.

On Monday, the overflowing crowd in Court Hall No. 1 (Court of the Chief Justice) was stunned into silence when Mr. Justice Dinakaran said he, Mr. Justice Sabhahit and other judges of the High Court had received a letter along with a book by the former Prime Minister relating to the NICE project.

Pointing out that receiving such a letter when a case was going on was unprecedented in the annals of the judiciary, the Bench said it wanted to treat the letter as a public interest litigation (PIL) petition and permit Mr. Deve Gowda to appear before the court either in person or through an advocate.

Senior counsel Dushyant Dave, appearing for Nandi Infrastructure Corridor Enterprises, said that the letter was prima facie contempt of court and urged the court to initiate contempt proceedings against Mr. Deve Gowda.

He said NICE would take the matter up to the Supreme Court since the letter was nothing but an attempt to obstruct justice.

Advocate-General Uday Holla intervened to say that he would not appear in the case as a defamation case was being filed against NICE for making certain allegations against him. He said advocate Ashok Harnahalli was being appointed by the State as special counsel to argue the case.

The Advocate-General clarified that the Government had nothing to do with either the letter or the book. He said he was yet to see a copy of the letter or the book.

The BMIC project envisages construction of a tolled expressway, a peripheral road, a link road and five townships between Bangalore and Mysore.