On Mysore expressway, HC says chief secretary guilty of perjury
Wednesday May 4 2005 00:00 IST
BANGALORE: The Karnataka High Court on Tuesday ordered prosecution of Chief Secretary K K Misra and Under Secretary, Commerce & Industries, M Shivalingaswamy, for their affidavits in the Bangalore-Mysore infrastructure corridor (BMIC) case.
A division bench comprising Chief Justice N K Sodhi and Justice B Padmaraj in their 95-page order said that the two officials withheld ``important facts and documents from the court,'' and made ``false statements in their affidavits''. The Court directed the Registrar (Judicial) to file complaint against the two officials in the competent court as envisaged in Section 340 of the Criminal Procedure Code.
The Court, while allowing the BMIC project as sought by the respondents, the Nandi Infrastructure Corridor Enterprises Limited (NICE), imposed a cost of Rs 50,000 on J C Madhuswamy, MLA and the petitioner in the PIL and ordered him to pay it within four weeks to the Legal Services Authority.
The Court allowed the BMIC project as ``conceived originally'' and upheld by the Court earlier. It also quashed the Government notifications dated November 4, 2004 and December 17, 2004 by which committees to review the BMIC projects came into existence. ``The report submitted by these committees in pursuance of those orders and the consequent actions taken incidental thereto are also quashed. Nandi is also directed to implement the project as expeditiously as possible,'' the bench said.
The Cabinet, in an emergency meeting, decided to move the Supreme Court against the High Court order and stand by the Chief Secretary and the Under Secretary. The Government will extend full legal support to him and Misra can hire an advocate of his choice at the government's expense. Revenue Minister M P Prakash termed the Court order ``unfortunate'', and said the Chief Secretary filed the affidavit after it was duly cleared by the Cabinet and as per its directions.
NICE MD Ashok Kheny, hailing the order, demanded that PWD Minister H D Revanna resign his post. He said he will file defamation suit against all politicians and bureaucrats who maligned him in connection with the project.
While former Prime Minister H D Deve Gowda, who is camping in Delhi, declined to comment on the court order, his son, Revanna hit back at Kheny saying he (Revanna) was not an employee of NICE to resign on Kheny's demand. ``I represent the five crore people of Karnataka and will give a fitting reply to NICE at an appropriate time,'' he said.
* Petitioner fined Rs 50,000
* Project allowed in original form
* Prosecution under Sec 340, CrPC
* KC Reddy report quashed
* NICE asked to implement BMIC fast
* NICE seeks PWD Minister's resignation |
