Bengaluru, Feb 9: The High Court of Karnataka on Thursday dismissed a public interest litigation filed against the Isha Yoga Centre that is constructed in Chikkaballapura.
The division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi in their order said the petitioners have not approached the court with clean hands and they had not disclosed the criminal cases pending against them.
The Yoga Centre and the Adiyogi statue is built at the Avalagurki village in Chikkaballapura. This was challenged by S Kyatappa from Chamballi village and others.
Senior advocate Uday Holla, representing the Isha Yoga Centre, submitted to the court that the petitioners have not disclosed the criminal cases against them.
The advocate for the petitioners, M Shivaprakash, claimed that false cases have been foisted upon them as they were part of pro-farmer agitations.
The court, however, pointed out that in a public interest litigation it was necessary to come to court with clean hands, disclose any cases against them and provide documents for the same. PIL cannot be filed due to personal agendas, the court said.
"If somebody is not disclosing material facts and then approaching the court that I am a whistleblower and action should be taken against Mr X because he is a wrong-doer, the court expects that if you are raising a finger to Mr X there are already two fingers raised to yourself, therefore you should be a person of such a character that he can say yes I am coming to court with clean hands and I have a right as a vigilant citizen and moral right to ask Mr X, don't do this thing." the Court said.
The Court pointed to the petitioners quoting Mahatma Gandhi in their petition and said, Mahatma Gandhi stressed on the purity of the means for the achievement of noble ends.
The 112-ft statue of Adiyogi was unveiled on January 15 after the High Court permitted it.
There were 16 respondents in the PIL including the Union Ministry of Environment, Forestry and Ecology, Karnataka Government, Principal Chief Conservator of Forest and Isha Yoga Centre, Coimbatore.
The PIL alleged that "in blatant violation destroying the environment ecosystem, watershed, core command area of Nandi Hills, NDB Foot Hills in Chikkaballapura Hobli to establish a private foundation in the famous Nandi Hills at the instance of Respondent No.16, a 'self-styled God man,' to establish commercial activities in the core area of greenery hillock viz., Panchagiri Nandi Range."
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Adelaide (AP): Australia retained the Ashes with two matches to spare after paceman Mitchell Starc took three of the last four wickets to blunt England's defiant comeback Sunday in a tense fifth-day finish to the third cricket test.
Australia started Day 5 needing four wickets to retain the Ashes, with England resuming at 6-207 and still 228 runs away from the victory target of 435 that would have required a world record to achieve.
“Feels pretty awesome,” Australia captain Pat Cummins said of the 82-run win at the Adelaide Oval. “We got it done.”
Cummins missed the first two tests while recovering from a back problem, with Steve Smith leading the team to two eight-wicket wins. Smith was ruled out of the third test about a half-hour before the toss because of vertigo.
“You can't really rush things here in Australia, it doesn't work that way,” Cummins said of the test going the distance. “It's a good old fashioned grind a lot of the time and, yeah, I love the toil from all the guys today.
“It got a little bit closer than I would have liked, but pretty happy.”
Tense Day 5
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Starc took the only wicket in the morning session — Jamie Smith running out of patience and caught by Cummins for 60 — as England piled on 102 runs.
England's rally had narrowed the Ashes equation at lunch on the last day: Australia needed three wickets to clinch the old urn in Adelaide and England needed 126 runs to keep the five-match series alive.
No team had scored more than West Indies' 418 (in a three-wicket win over Australia in 2003) in the fourth innings to win a test.
But England skipper Ben Stokes later said he felt like his team were “on for another heist” in the morning session and was confident of achieving a record total.
With England's lower-order doggedly mounting pressure and Australia's attack missing veteran spinner Nathan Lyon, who limped off the field with an injured hamstring, the leading bowler in the series delivered for the hosts.
Starc, who was voted player of the match in Australia's eight-wicket wins in Perth and Brisbane, took the wickets of Will Jacks (47) — spectacularly caught by Marnus Labuschagne, who dived from slip in front of the wicketkeeper — and Jofra Archer (3).
That left Scott Boland to finish it off. He dismissed Josh Tongue (1) and left Brydon Carse stranded on 39 as England was all out for 352.
Player of the match
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Australian wicketkeeper Alex Carey was voted player of the match after posting a home ground hundred in the first innings, a half-century in the second innings in a 162-run stand with Travis Head, who top-scored with 170, and completing seven dismissals for the test.
England's out of contention
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England captain Ben Stokes said he was happier with the resilience shown by his team this week, despite ultimately surrendering the series in 11 days.
“This is going to hurt quite a bit,” Stokes said. “Obviously that dream that we came here with is now over, which is obviously incredibly disappointing.
“But look, we've got two more (tests) to go on and that's where the focus needs to switch to now.”
Injured Lyon
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A day after swinging the momentum back in Australia's favor with a three-wicket burst, veteran spinner Lyon hurt his right hamstring diving to cut off a boundary in the outfield and was ruled out of the remainder of the match. He got up and clutched the back of his right leg before walking off with a trainer when England was 249-6.
Long, long drought
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Domestic media noted Sunday that it had been 5,462 days since England last won a test match in Australia — dating back to January 2011.
Since then, the Australians have won the series Down Under 5-0, 4-0, 4-0 and are now 3-0.
Melbourne will host the Boxing Day test starting Dec. 26 and Sydney will host the fifth test in the New Year.
