Karnataka HC Dismisses PIL Against Sadhguru's Isha Foundation - Details Here

Bengaluru: The Karnataka High Court today (February 9) dismissed the Public Interest Litigation (PIL) that intended to stall construction work at the Isha Yoga Centre in Chikkaballapura. The petition alleged that the Center in Chikkaballapura is destroying the ecology of Nandi Hills. However, the Isha Foundation of Sadhguru Jaggi Vasudeva has built the statue in the village around 30 kilometers from Bengaluru. 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. Isha Foundation contended that it had bought the revenue lands after paying proper considerations and obtaining due permissions to get them converted for educational purposes. 

Also read: Karnataka HC Extends Status-Quo on Construction Work Around Isha's Adiyogi Statue in Chikkaballapura

During the hearing, Isha Foundation further pointed out that petitioners had not disclosed their antecedents and the filing of criminal cases against them. It amounts to a violation of various Supreme Court judgments as well as the PIL rules framed by the High Court of Karnataka.

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 (PIL) 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.

The Court pulled up the petitioner and said, “We are only expecting that if a petitioner is approaching the court and submitting and saying that he is espousing a public cause, he should approach the court with clean hands. That is the minimum expectation.”

"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."

Earlier, the HC had allowed the unveiling of the statue on January 15, but without carrying out any further construction work at the site. 

(With agency inputs)