Karnataka High Court Summons President Of Youth Association For Not Shifting Illegally Installed Statute Of Dr Babasaheb Ambedkar

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum said that, "In view of the fact that undertaking given by respondent 10 has been disobeyed, we hereby summon the respondent 10 through its President Revanna Siddappa, who had filed the affidavit of undertaking to be present before the court on the next date, so that appropriate action can be taken for disobedience of courts orders."

The court also recorded the statement made by the state government counsel that the respondent 10 is creating all kinds of ruckus with respect to removal of statute. The Karnataka High Court on Friday accepted the undertaking given by a youth association to shift the statue of Dr Babasaheb Ambedkar, which they illegally erected on public land in Harappanahalli Taluk, Davanagere District, to an alternative land within four months.

By order dated August 13, the court had accepted the undertaking given by Revanna Siddappa, President of Dr B R Ambedkar Youth Association. It had observed that, "We must make a note that illegality was committed by respondent 10, in the name of Dr Babasaheb Ambedkar, who was not only architect and author of Constitution of India, but was a great human being. He believed in the Rule of law."

It had added, "Respondent 10 has shown disrespect to the great human being by committing illegality in his name. Moreover, respondent 10 has erected a statue of the great human being on public property." The bench even referred to Dr Ambedkar's historic speech delivered before the constituent assembly on 25^th November, 1949.

Case Background:

In November 2019, the youth association erected a statue of Dr. Ambedkar on government land adjacent to a bus stand without requisite permission. Certain villagers raised objections to this. A complaint was then submitted on the basis of which a resolution was passed by the gram panchayat on March 5, 2020. The resolution discussed the issue of the statute and it was decided that a proposal would be sent to respondent 9 (Panchayath Development Officer, Hiremegalagere Grama Panchayath, Davengere) about the relocation of the statute. By its order dated February 29, 2020, the Panchayat Development Officer ordered removal of the statue.

Petitioners Neelappa O and others approached the court placing reliance on the order of the Panchayat development officer. When the state government showed unwillingness to allot land for shifting the statute, time was granted under order dated July 21, to the Association to state whether they were willing to give undertaking to shift the statute. On August 9, 2021, the authorised representative of the association filed an affidavit giving the undertaking to shift the statute to alternate land within four months from the date of the affidavit.

The court accepted the undertaking and said that, "In view of the undertaking given by respondent 10, it may not be necessary to issue a writ of mandamus." Referring to the affidavits and documents placed on record, the court observed, "The officers of the state government and peace committee with active cooperation of respondent 10, ensured that peace is maintained in the village. At least to this extent it can be said that respondent 10 and all concerned respected values propagated by Dr Babasaheb Ambedkar."

The court had disposed of the petition. However, the matter will be heard on December 17 for reporting compliance.

Case Title: Neelappa O v. State of Karnataka

Case No: WP 6410/ 2020