HC division bench gives Krishna a clean chit

HC division bench gives Krishna a clean chit
Deccan Herald

Observing that former chief minister S M Krishna was in no way personally benefited from the Arkavathi layout scheme, a division bench of the Karnataka High Court on Friday expunged adverse remarks made by a single bench against him for approving the project in ‘haste’ without waiting for the Cabinet decision.

Observing that former chief minister S M Krishna was in no way personally benefited from the Arkavathi layout scheme, a division bench of the Karnataka High Court on Friday expunged adverse remarks made by a single bench against him for approving the project in ‘haste’ without waiting for the Cabinet decision.

Holding that the single bench failed to follow the principles of natural justice by not hearing Mr Krishna’s contentions before making adverse remark against him, the division bench comprising Chief Justice Nauvdip Kumar Sodhi and Justice N Kumar allowed the petition filed by Mr Krishna praying for expunging the remarks.

The single judge had said that Mr Krishna had “approved the project in haste in view of the advancement of Assembly elections... giving a go-by to all canons of law...and it amounted to legal mala fide and malice ” The single bench had made adverse remarks after going through the government records.

But the division bench found no merit in the remark stating that the project was started about a year before the elections were declared and at that time no one ever expected early elections.

Moreover, no petitioner made such allegations against Mr Krishna, the bench observed.

“Remarks made by the single bench does not conform to the settled practices of courts to observe sobriety, moderation and reserve, and they are not judicious in nature”, the division bench opined.

The division bench also upheld Mr Krishna’s contention that as per the law, there was no need for him to obtain the approval from the Cabinet.

Opponents’ approval

The bench also noticed that the new coalition government had come to power when the Cabinet ratified the administrative approval given by Mr Krishna.

“When the Cabinet approved, political opponents who bitterly criticised Mr Krishna, became part of the Government. Their differences did not come in the way of according sanction to the scheme, for which administrative approval was given by the then chief minister, who was not part of the coalition government”, the bench observed.

Even assuming that the project required Cabinet approval, the same was granted by the Cabinet of which Mr Krishna was not a member, the bench said.