DK Shivakumar takes sides with HDK, rejects phone-tapping charges
Bengaluru, Aug 16: Even as the clamour grows for a probe into the alleged phone-tapping scandal during the previous Congress-JD(S) government headed by H D Kumaraswamy, senior Congress leader D K Shivakumar on Friday rejected the snooping charges, and appeared to side with the former Chief Minister.
Amid signs that the scandal is gaining political steam, Shivakumar, who was Minister in the Kumaraswamy government, said Chief Minister B S Yediyurappa was free to order any probe into the matter.
Several Congress leaders, including its legislature party leader Siddaramaiah, M Mallikarjuna Kharge and Home Minister in the alliance government M B Patil have demanded a probe into the scandal.
Other than Shivakumar no other senior Congress leader has so far rejected the allegation.
Disqualified JDS MLA A H Vishwanath, who alleged earlier this week that phones of several political leaders, officials and journalists were tapped, indicated in Mysuru on Thursday that snooping would not have happened without the knowledge of the then Chief Minister.
Many BJP leaders, including former Chief Minister Jagadish Shettar, have accused Kumaraswamy in the phone-tapping scandal and demanded the probe.
"Phone-tapping has not happened... I have also inquired and asked people about it...it is all lies, and there is no room for such things," Shivakumar said.
"Our Congress-JD(S) government did not get involved in such things. Yediyurappa can conduct a probe, let him probe. We are not opposed to it," he told reporters here.
Kumaraswamy on his part has denied allegations of phone-tapping during his tenure.
"I was the one who kept repeating that the Chief Minister's position was not permanent. There was no need for me to remain in and save the chair (of CM) by tapping phones.
Allegations made against me by some people in this matter is far from truth," he had tweeted.
Siddaramaiah on Thursday demanded a probe stating that "Phone tapping is a serious offence. Let there be an investigation into the issue and take action against those responsible, if proved."
Despite growing demand for probe into the scandal from within BJP, and also Congress, Chief Minister B S Yediyurappa has not made his stand clear.
As the matter snowballed into a major controversy, he had on Wednesday said, "I am observing the developments. I will discuss with the Chief Secretary (T M Vijay Bhaskar) and think about further action."
The snooping controversy surfaced as Bengaluru police commissioner Bhaskar Rao earlier this month ordered an inquiry into the phone-tapping incident against the backdrop of a recently leaked telephone conversation purportedly between him and someone in Delhi lobbying on his behalf with some politicians for the post he is occupying now.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Kerala HC sets aside Sabarimala airport land acquisition process
Kochi (PTI): The Kerala High Court has set aside crucial stages of the land acquisition process for the proposed Sabarimala greenfield airport, holding that the state failed to properly assess the minimum land actually required for the project.
On December 30, 2022, the state government issued an order granting sanction for the acquisition of 2,570 acres of land, comprising the Cheruvally Estate and an additional 307 acres located outside it.
Justice C Jayachandran, delivering the judgment on a writ petition filed by Ayana Charitable Trust (formerly Gospel for Asia) and its managing trustee Dr Siny Punnoose, ruled the decision-making process under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, was legally flawed.
The court, in its December 19 order, directed the state to restart the process by conducting a fresh social impact assessment limited to examining the minimum land requirement, followed by a fresh appraisal by the expert group and reconsideration by the government.
The petitioners had challenged several government actions, including the Social Impact Assessment (SIA) report, the expert committee appraisal, the state government order approving the acquisition, and the subsequent notification under Section 11 of the 2013 Act.
The land in question, mainly the Cheruvally Estate in Pathanamthitta district, is proposed to be acquired for building a new airport intended to serve Sabarimala pilgrims.
The court found that while the state is entitled to acquire land for public purposes, the law clearly mandates that only the "absolute bare minimum" extent of land required for a project can be acquired.
According to the court, this mandatory requirement under Sections 4(4)(d), 7(5)(b), and 8(1)(c) of the 2013 Act was not properly complied with.
Justice Jayachandran observed that the authorities had shown "manifest non-application of mind" in assessing how much land was genuinely necessary.
As a result, the SIA report, the Expert Committee report and the government order were declared invalid to the extent they failed to address this crucial requirement.
Since the Section 11 notification could only be issued after a valid completion of these steps, it too was quashed.
On the petitioners' allegation of fraud on power and colourable exercise of authority, the court did not give a final finding. It held that this issue is closely linked to determining the minimum land required and can only be examined after that exercise is properly completed.
Before concluding, the court suggested that for technically complex projects like airports, the state should include technical experts in the SIA team to ensure informed and lawful decision-making.
The writ petition was accordingly allowed, keeping other issues raised by the petitioners open for future consideration.
