The Hindu : Karnataka / Bangalore News : Advocate pulled up for `premature' plea

Online edition of India's National Newspaper
Sunday, Mar 26, 2006

Karnataka

Karnataka - Bangalore

Advocate pulled up for `premature' plea

Staff Reporter

HIGH COURTROUND-UP He sought an order for prosecution of five police officials

BANGALORE: The Karnataka High Court has dismissed a public interest litigation (PIL) petition by a Bangalore-based advocate and imposed costs of Rs. 25,000 on him.

Advocate S. Vasudeva had prayed for a directive to the Government to initiate action against five police officials against whom cases under the Prevention of Corruption Act have been registered.

The petitioner said the Lokayukta, on March 14, raided the houses and offices of the Deputy Superintendent of Police, Doddaballapur sub-division (Bangalore Rural district), N. Krishnappa, and inspectors in Bangalore Arif Ali, P. Shivanna, Shami-ur-Rehman and V. Narayanaswamy. He sought a direction to the Government to give permission to prosecute the five officials.

A Division Bench, comprising Chief Justice Cyriac Joseph and Justice V. G. Sabhahit, dismissed the order on Friday, and said: "The prayers in the petition are made on the basis of newspaper reports. There is no material for this court to take cognisance of the matter. It is not known whether any report has been submitted by the Lokayukta."

The Bench said the petitioner has not made a representation to the respondents. It said: "The petition is premature and we are of the view that it is misconceived and abuses the process of the law. We are concerned about the growing tendency of converting PILs into `publicity interest litigations'. Unless this menace is curbed, it will go out of proportion and derail the process of justice. Hence, we dismiss the PIL with exemplary costs of Rs. 25,000."

The petitioner was asked to pay the costs to the Karnataka State Legal Services Authority within a month.

Notice ordered

Justice Manjula Chellur has ordered issue of notice to the State Government, Karnataka Industrial Areas Development Board (KIADB), Bangalore Metro Rail Corporation and the Special Land Acquisition Officer on a petition by Lakshmi Builders of R.V. Road and another person.

The petitioners said they are owners of commercial properties on R.V. Road near South End Road. The buildings, which were constructed at huge costs, are being used by hotels, restaurants, banks, insurance firms and other establishments.

After the State decided to take up the metro rail project, the commercial buildings were designated as industrial properties by the KIADB and proposed to be acquired for the project.

The petitioners said the respondents bypassed the legal requirements of acquisition. They used the KIADB Act of 1966 for acquiring properties, which is "illegal". The KIADB, on January 17, notified buildings which it wanted to acquire for the north-south corridor of the metro rail.

The petitioners sought a stay on notification and proceedings.

On Friday, Justice Chellur ordered issue of notices to the respondents and adjourned hearing of the case.

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