Bengaluru: The Karnataka High Court today (February 9) dismissed a Public Interest Litigation (PIL) that aimed to stall the construction work at the Isha Yoga Center in Chikkaballapura. The petition alleged that the center at Chikkaballapura was destroying the ecology of Nandi Hills. However, Sadhguru Jaggi Vasudev’s Isha Foundation has constructed the idol in the village, about 30 km from Bengaluru. A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi observed in its order that the petitioners have not approached the court with clean hands and have not disclosed the criminal cases pending against them.
The Yoga Center and the Adiyogi statue have been built at Avalagurki village in Chikkaballapura. This was challenged by S Kyatappa of Chambli village and others. Senior advocate Uday Holla, representing Isha Yoga Centre, told the court that the petitioners have not disclosed the criminal cases against them. Isha Foundation argued that it had purchased the revenue land after due consideration and obtaining proper permission to convert it for educational purposes.
During the hearing, Isha Foundation further pointed out that the petitioners had not disclosed their antecedents and criminal cases registered against them. This is in violation of the Public Interest Litigation Rules framed by the Karnataka High Court as well as various judgments of the Supreme Court.
M Sivaprakash, counsel for the petitioners, claimed that false cases have been slapped on them as they were part of the pro-farmer movement. The court, however, said that in a public interest litigation (PIL) it was necessary to come to the court with clean hands, disclose any case against them and provide documents for the same. Court said that PIL cannot be filed due to personal agenda.
The Court pulled up the petitioner and said, “We are only expecting that if a petitioner is approaching the court and making submissions and saying that he is supporting a public cause, then he should Manually knocking on the door of the court is the minimum requirement.
“If someone is not disclosing material facts and then approaching the court that I am an informer and action should be taken against Mr. X because he is a wrongdoer, then the court expects that if you If you are pointing finger at Mr X then already two fingers are pointed at yourself so you should be a person of such character that he can say yes I am coming to the court with clean hands and as a conscious citizen I have the right and the moral right to ask Mr. X, don’t do this.” Court said.
The Court pointed to the petitioners quoting Mahatma Gandhi in their petition and said, Mahatma Gandhi emphasized on the purity of means for the attainment of noble ends.
The 112 feet tall statue of Adiyogi was unveiled on 15 January after the permission of the High Court. The PIL had 16 respondents including the Union Ministry of Environment, Forestry and Ecology, Government of Karnataka, Principal Chief Conservator of Forests and Isha Yoga Centre, Coimbatore.
The PIL alleges that “Respondent No. 16, a private in Nandi Hills famous for destroying the environment ecosystem, watershed, NDB Foot Hills in Core Command Area of Nandi Hills, Chikkaballapur Hobli, at the instance of a ‘self’ -Styled God Man, to set up the Foundation, ‘For setting up commercial activities in the prime area of Hariyali Pahari, Panchgiri Nandi Range.
Earlier, the High Court had allowed the unveiling of the statue on January 15, but without taking up any further construction work at the site.
(with agency inputs)