[COVID-19] Karnataka High Court berates politicians for filing "publicity interest" litigation; dismisses petitions by two Congress MLAs

The Karnataka High Court on Thursday took strong exception to political leaders filing what the court termed as "publicity interest litigation" petitions before the Court.

. The Court proceeded to dismiss two such petitions filed by Members of Legislative Assembly (MLA) from the Congress party.

The Court, however, issued notice on a third PIL petition filed by Congress MLA KR Ramesh Kumar.

. A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar noted that different political leaders were coming to Court citing issues concerning management of COVID-19 in the State.

"Why political leaders have started coming to court, we fail to understand. In the last 14 months we have been passing orders, when the issue of migrants was there, not a single political leader came to the court.... Today there are three petitions filed by political leaders before the court. We have passed orders running into 800 pages and suddenly now politicians have started filing petitions."

.[COVID Lockdown] Karnataka High Court quizzes State government after CM BS Yediyurappa's son travels to temple in Mysuru district. These remarks were made while hearing case registered by the Court suo motu after it received two letters highlighting the COVID-19 management in the State . During the hearing, the Court noted that there were a total of three petitions filed by different political leaders.

.Come up with rational policy to prioritize second dose of COVID-19 vaccine: Karnataka High Court to State government . The first was by Dr HK Patil , MLA from Gadag. While hearing the petition the Court said, "There are wide and sweeping prayers made in the petition, how can we entertain this petition?"

Further, the Court orally observed,

"You are a Member of the Legislative Assembly, tell us what have you done for the members of the public? Have you tried to set up an oxygen plant in your constituency?.......Provided beds to people? You are a political leader, before seeking writ of mandamus, you should have done something for the people of Karnataka first.

While dismissing the petition, the Court added that,

"Being in a privileged position you should have raised the issues in the Legislative Assembly and without doing that you rushed to the writ court."

It added, "This is the fit case where we should impose a heavy cost and pay the cost to the Chief Minister's Relief fund. This is all publicity interest litigation and not public interest litigation."

The second petition was filed by SR Patil , Leader of Opposition, who was represented by Senior Advocate Professor Ravivarma Kumar . The plea raised concerns regarding legal action being taken against private nursing homes in Bagalkot district for admitting more patients.

"You are taking up the cause of private persons, we don't expect an MLC to take up the cause of private hospitals. If the hospitals are aggrieved, they can approach the Court directly," the Court said.

When Kumar sought for a direction seeking 14 KL of oxygen for every hospital in Bagalkot, the Court appeared least interested in the same.

"We cannot decide on whether every hospital in the district should be allotted 14 KL of oxygen. Some hospital requirements may be 1 KL of Oxygen and others may be more, we cannot direct the government to allot 14 KL of Oxygen to each hospital in Bagalkot."

The Court also asked the petitioner why he was not raising the issue in the assembly.

"You are leader of the opposition. Why don't you raise this issue in the Council, you are in a privileged position. These prayers cannot be entertained. As far as allegations of private hospitals being harassed, let them make representation to the authorities."

The third petition which the Court took up in this regard was filed by MLA KR Ramesh Kumar. It sought directions to the government to make arrangements for receiving swab test samples of people living in remote villages of the State and to also make mobile labs available.

However, the Court saw merit in this petition, and ordered the State government to file its response to the prayer.

"The petitioner is a Member of Legislative Assembly. His first prayer is regarding making arrangements for collection of swab samples from remote areas in Karnataka and mobile labs. There cannot be any dispute that the state will have to make arrangements for receiving swab samples from remote villages. We direct this issue to be considered in the main petition on the next date the state government shall file response on this aspect".

. The matter will be next heard on May 25.

. Earlier, the a Bench headed by CJ Oka had refused to entertain a PIL by Youth Congress Leader YB Srivatsa against BJP MP and lawyer Tejasvi Surya in relation to the COVID-19 bed scam.

The PIL was filed against Surya and other leaders, who had barged into the BBMP war room and read out the names of the BBMP officials belonging to the Muslim community in a bid to unearth the alleged bed scam. The officials were subsequently suspended, prompting the Youth Congress to raise serious concerns over the episode.

.[COVID-19 Bed Scam] Karnataka High Court refuses to entertain plea against Tejasvi Surya by Youth Congress leader YB Srivatsa. During the hearing, the Court observed that the plea was politically motivated and was not filed in pubic interest.

“ The persons who have been suspended can always approach the Court. The petitioner is not a pro bono petitioner. Only on that ground, we dispose of this petition ,” the Court observed in its order.

[COVID-19] Karnataka High Court berates politicians for filing "publicity interest" litigation; dismisses petitions by two Congress MLAs

Rintu Mariam Biju

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