Rank contempt of court by BIAL: Justice Saldanha

Rank contempt of court by BIAL: Justice Saldanha
Wednesday May 21 2008 09:16 IST

Express News Service
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BANGALORE: Shifting all commercial aviation operations at Bengaluru International Airport on May 23 will put its operator Bangalore International Airport Limited and the Ministry of Civil Aviation in rank contempt as the matter is sub-judice and the Contempt of Court Act mandates that interference in the course of judicial proceeding constitutes criminal contempt which is punishable with a jail sentence, retired judge of the High Court, Justice Michael F Saldanha, told this wwebsite's newspaper.

"The Karnataka High Court (KHC) has submitted a PIL for continuance of commercial operations at HAL Airport. KHC having been prima-facie satisfied that a case has been made out, has admitted the petitions by citizens. At the stage of interim relief, the High Court has passed a speaking order which has been endorsed and confirmed by the Supreme Court, indicating that the whole issue requires reconsideration. But BIAL's latest attempt to illegally shift all operations to BIA is to present the court with a fait-accompli and to render the court proceedings infructous," said Justice Saldanha.

The law requires that the parties before the court must report back to the court with regard to the outcome of all that has transpired relating to the interim direction and abide by the order the court passes. Before completing this procedure, shifting operations at BIA is an illegal method to force the issue and by-pass the court.Rank contempt of court by BIAL: Justice Saldanha
Wednesday May 21 2008 09:16 IST

Express News Service
click here

BANGALORE: Shifting all commercial aviation operations at Bengaluru International Airport on May 23 will put its operator Bangalore International Airport Limited and the Ministry of Civil Aviation in rank contempt as the matter is sub-judice and the Contempt of Court Act mandates that interference in the course of judicial proceeding constitutes criminal contempt which is punishable with a jail sentence, retired judge of the High Court, Justice Michael F Saldanha, told this wwebsite's newspaper.

"The Karnataka High Court (KHC) has submitted a PIL for continuance of commercial operations at HAL Airport. KHC having been prima-facie satisfied that a case has been made out, has admitted the petitions by citizens. At the stage of interim relief, the High Court has passed a speaking order which has been endorsed and confirmed by the Supreme Court, indicating that the whole issue requires reconsideration. But BIAL's latest attempt to illegally shift all operations to BIA is to present the court with a fait-accompli and to render the court proceedings infructous," said Justice Saldanha.

The law requires that the parties before the court must report back to the court with regard to the outcome of all that has transpired relating to the interim direction and abide by the order the court passes. Before completing this procedure, shifting operations at BIA is an illegal method to force the issue and by-pass the court.