The Karnataka High Court on Wednesday ordered contempt notices to the State Government through Finance department Principal Secretary Srinivasa Murthy, Deputy Secretary K Shivaram, and Bangalore Metro Rail Corporation Limited General Manager (Accounts) R K Ravishankar.

The notices followed the Court’s observation that the department had produced some Government Orders carrying dates different from the dates on which said orders had been actually passed.

Justice D V Shailendra Kumar, dealing with a batch of petitions by motor vehicle owners challenging the levy of 10 per cent cess on motor vehicles for contributing revenue to infrastructure projects across the State, supporting Bangalore Mass Rapid Transport Ltd and to Mukhya Mantri Gram Raste Abhivrudhi Nidhi.

The petitioners had impugned the levy while contending that the cess collected was being diverted for other purposes

 The Court observed that it was “a clear case of misleading the court” in specific context of the issues raised in the petitions and since this fact had not been revealed to the Court earlier in the Government affidavit or affidavits filed by Mr Shivaram and Mr Ravishankar while filing the said Orders.  “The State is expected to place correct facts before the Court and the Court presumes that what the officers of State provide are per se acceptable... Such conduct amounts to perjury and also attracts contempt jurisdiction since a decision cannot be correct if Court relies on such incorrect facts or records” - the judge observed.

The Court ordered notices seeking Government and its officers to explain the conduct in providing incorrect information, and records before the Court, explaining reasons against contempt proceedings.

The Court directed the HC Registry to issue notices to the officers and fix a date for hearing before the Bench dealing with contempt matters, for their appearance. The hearing has been adjourned to Thursday.