Unveiling Of Shiva Statue In Begur Lake : Karnataka High Court Seeks Police Report On Investigation So Far

Recently, the Shiva statue was unveiled by a group in violation of a stay order passed by the Court.

A division bench of Chief Justice Abhay Oka and Justice M Nagaprasanna in its order said,

"We have perused the report of August 17, submitted by Kamal Panth, Commissioner of police and all the annexures thereto. Counsel for respondent 9, relies on a memo dated August 16, though AGA submits that action has already been taken on the basis of the memo. We direct the AGA to supply a copy of said memo along with annexures to the investigating police officer in CR 169/2021."

It added: "We also direct the Deputy Commissioner of Police South East Division (Koramangala), to supervise the investigation in connection with Cr no 169/2021 and submit a report to this court containing details of the investigation carried out till August 31. The report shall be filed in sealed cover on or before September 2. Needless to add that the Investigating officer will look into the memo and annexures thereto."

During the hearing, the counsel for the respondent objected to the police registering the FIR against unknown persons even when social media posts indicated the persons behind the unveiling of the statute. To which the court reminded that it was all part of the investigations.

On the previous hearing, the court on going through the memo filed by the respondents about the illegal unveiling of the statue had said "If what is stated in the memo is correct, the practice of defying orders of the court in this fashion has to be deprecated by all concerned. We direct the state to ensure that police keep constant vigil near the island created in the Begur lake."

The bench had opined that,

"Orders passed by this court from time to time if perused, it will be clear that all orders are to ensure that existing lakes within the city are protected and lakes which have disappeared over the passage of time are restored and rejuvenated. The issue involved about the Begur lake is about the action of BBMP of creating artificial islands for installing statues.The issue involved is a legal issue, whether an island can be constructed in the midst of a lake. There is no religious issue involved in this group of petitions."

BBMP seeks to cancel the resolution of the Council which led to the erection of the Shiva Statue

The court also took on record the affidavit of Respondent 4 (BBMP) which was affirmed by Chief Commissioner Gaurav Gupta, dated August 18. The affidavit stated that "BBMP has corresponded with the government, vide an appeal dated March 19, 2021 to revoke/cancel the resolution of the BBMP council dated August 28, 2018 enabling the erection of the Shiva Statue. However, no order has been passed in this regard. BBMP has vide its letter dated August 16, reminding the government of the pending decision in this regard.

The court said "We make it clear that the state shall take an appropriate decision on the appeal/application made by BBMP on March 19, as expeditiously as possible and preferably within a period of one month from today."