Karnataka High Court Grants State Govt One More Opportunity To Clarify Its Stand On 'Cauvery Calling Project'

A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty said "On the last date we pointed to the government advocate to issue a clarification on the question of whether Cauvery calling is a state project and whether the state has involvement in the project. State government has not come out with any such clarification."

It added "Considering the inconsistent stand taken by the state government in the two statements of objections filed by it this petition needs final hearing. Accordingly we issue rule nisi."

The bench has granted time to the state government to file such a statement on oath if any till Jan 30, 2021. It has now posted the matter to February 2, 2021, for considering the affidavit which may be filled by the state government. It noted "If such a statement would have been made on oath long back the entire issue would have ended."

The direction was given during the hearing of a petition filed by Advocate A V Amarnathan. In his petition it is claimed that the foundation is planning to plant 253 crores tree saplings across the 639 kilometer stretch of Cauvery river bank from its birthplace Talacauvery to Thiruvarur. The Foundation is said to be collecting Rs. 42 per tree planting from the public. That means it is collecting a whooping sum of Rs 253 X 42 in a total of Rs, 10,626 crores , which according to the petitioner is a major scam.

As per the first reply filed by the state, it had said that the State Government is not sponsoring or financing the project of Isha Foundation. However, another statement in the reply read that the project of the second respondent of 'Cauvery Calling' has been accepted. The court had sought an explanation on the contradiction.

Following which the state filed a reply dated August 12, in which it was mentioned that Isha Foundation had submitted a draft detailed project report to the government in the month of August 2019. The same was deliberated upon by the government and its authorities. During the discussion, the forest department pointed out that there is already a scheme in existence by the name 'Krishi Aranya Protsaha Yojana', from 2011.

After detailed discussion and consideration of the draft detailed project report submitted by Isha foundation and having regard to the scheme, it was decided that the forest department will raise additional sapplings of two crore and distribute them under the existing scheme. The second respondent (Isha foundation) was allowed to mobilise the farmers and to motivate/enroll them under the existing scheme of the state government. Moreover, to raise the additional saplings and make it available to farmers who are motivated by Isha foundation, the forest department had sent a proposal to the state government on September 12, 2019, which was accepted by the government.

The affidavit stated that the government has not accepted the draft detailed project report of Isha Foundation. It also clarified that the statement made in the statement of objection filed earlier that the proposal of respondent 2 (Isha Foundation), was thus accepted, would refer to the proposal of the Forest Department.

However, Isha Foundation has filed a memo before the court in which a stand is taken that it is not involved in any such project. It is engaged in propagation of yoga meditation etc. The project Cauvery calling is entirely looked and managed by Isha outreach.

The bench said "Therefore all the most necessary that state must make its stand very clear by filing affidavit and making a clear statement on the question whether state government has any connection with project of Cauvery calling and whether project Cauvery calling has any involvement of the state government."