From Our Special Correspondent
Daijiworld Media Network - Bengaluru

Bengaluru, Jul 3: Anti-corruption activist T J Abraham, who is also heading the Karnataka Anti-Graft and Environmental Forum, has been slapped a fine of Rs 25 lac by the Supreme Court over his public interest litigation against the decision of the Chief Minister on over-ruling the reports and decisions of the officers regarding construction of a mini Vidhana Soudha in Aland taluk of Kalaburagi district.

The Supreme Court on Monday asked Abraham to pay Rs 25 lac as costs for filing a 'frivolous' Public Interest Litigation (PIL) and wasting precious judicial time, thus sending a message to habitual PIL petitioners to be wary of hefty costs.

T J Abraham had challenged the shifting of proposed mini Vidhana Soudha in Kalaburagi district.

In his petition to the Supreme Court, the activist said that shifting the administrative building would affect seed farming as it has decided to take away its own agriculture department land.

However, a bench consisting of Justice Dipak Misra and A M Khanwilkar accused Abraham for 'abusing the concept of Public Interest Litigation'.

"Shifting of mini Vidhan Soudha (an office complex for government) by extent of six-km in Gulbarga is not a matter of public interest. It does not espouse any kind of public cause. It pertains to smooth administration only," the bench said.

The court directed Abraham to pay Rs 25 lac as costs. Though senior counsel Salman Khurshid, who was representing the activist, implored the court to waive off the cost as it was too harsh, the court directed him to deposit Rs 25 lac with the court registry.

Karnataka's Advocate General, M R Naik who appeared on behalf of the state had contended that the petitioner had jumped into the issue unnecessarily as he had nothing to do with the decision.
The government produced conditional gift deeds made by two women to the government pledging five acres of land for building an office complex in the district.

Reacting to the Apex Court's order, Abhrama in a press statement said, "The Order passed today by the Hon’ble Supreme Court of India imposing a fine of Rs 25,00,000 is not in bad taste, although it is an Order which has been passed without understanding the case clearly or knowing my public intent and background. Because the case was not presented properly and convincingly."

He explained that he was issuing the press statement as several media representatives seeking his reactions on the Supreme Court.

"The failure of my representatives before the apex Court to present the case effectively does not take away or alter the reality that the matter was pertaining to an inevitable Public Inconvenience that is going to be caused versus the Private Interest that is being promoted by an illegal and Anti-Public Interest order issued by the Chief Minister of the State,’’ he said.

Abraham said: "I do acknowledge the fact that the observations of the Court today did surely demoralize me to a certain extent. BUT, it has not demolished my intent to live the rest of my life in the cause of Public Interest.’’

"Today’s Order of the Supreme Court does not alter the In-appropriate Anti-Public Interest character of the decision of the Chief Minister, to overrule the reports and the decisions of the concerned officers to build the Mini Vidhana Soudha on Sy.No.264 in Aland Taluk which was in absolute Public Interest, as a part of the Public Policy, which had all the ingredients and backing of all the necessary administrative and factual reports supporting the need to construct Mini Vidhana Soudha on Sy.No.264 of Aland Taluk," he said and admitted that "this unfortunately was not brought to the notice of the Supreme Court effectively."

"When the Court was not aware of the background of the Petitioner (myself), the Court’s question as to, what business does a businessman from the Bangalore have to agitate an issue in Gulbarga is justified. Because the Court was not aware that amongst other Orders the very same Supreme Court has on 29-03-2017 had Ordered a Supreme Court monitored investigation into the illegal de-reservation of forests, which was the cause for the famous Illegal Mining Scam in Bellary district, against former Chief Ministers HD Kumaraswamy and Dharam Singh and also several IAS and IPS officers in Karnataka, without doubting my ‘bonafides in Public Interest’ although I am from Bangalore and I have nothing to do with Bellary District," he argued.

"Hence, I once again reiterate that I am not frustrated with today’s order, against which I will be filing a Review Petition and another application for the modification of the order, seeking a cancellation or an extension of time to pay the fine, which would be done by way of collecting contributions from the people of Aland taluk, Gulbarga District, on whose behalf I had taken up the Public Interest Initiative. Every village in Aland Taluk will be visited and contributions will be collected to be paid to the Supreme Court by the Public on my behalf, because I have earned the Fury and Fine from the Supreme Court, because of the very same public of Aland Taluk and in their interest," he added.