Karnataka HC converts petition challenging 'Cauvery Calling' into suo motu PIL

The Karnataka High Court on Thursday converted a petition challenging Cauvery Calling Project into a suo motu PIL. The court passed the order in the wake of the original party-in-person petitioner justifying his action of sending a notice to Discovery channel threatening that airing a programme on the project would attract contempt of court.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi had asked the petitioner A V Amarnathan, a Bengaluru-based advocate, to file an affidavit stating whether he wants to justify the threat given to the television channel.

The counsel appearing for Isha Outreach, the organisation which claims to be implementing the project, had stated that the programme which was scheduled to be aired on August 22, was postponed after the advocate sent an e-mail on August 21.

Submission in affidavits

In his affidavits, Amarnathan submitted that he never threatened the TV channel, but was only informing that airing the programme would attract contempt of court since the matter was sub judice.

The court disapproved of the conduct of the petitioner saying the petitioner cannot decide whether airing a programme will amount to contempt of court.

“We expected the petitioner to show remorse and therefore even after he justified his action we gave him the opportunity to explain his conduct. However, he has virtually justified what he has done. Therefore, we cannot allow the petitioner to prosecute this petition as a pro bono person,” the bench said.

The court has posted the matter to November 3 to appoint amicus curiae to assist the court.

The PIL contended that Isha Outreach, a private organisation which intends to plant 253 crore saplings along the Cauvery basin, cannot be allowed to collect money from the public. The petition contended that Jaggi Vasudev of the Isha Foundation has falsely claimed in several videos that both the Union and Karnataka governments have approved the project.