Bengaluru: With criminal case against Citizens for Sankey dropped, activists hope new government will shelve project

Activists urged the new government to constitute the BMLTA, and ensure scientific solutions to the city's traffic problems.

ByBellie Thomas

Published May 31, 2023 | 11:33 AMUpdatedMay 31, 2023 | 11:36 AM

Citizens in Malleswaram who were peacefully protesting on the footpath of the road on February 19th

Over 70 activists of Citizens for Sankey heaved a huge sigh of relief on Tuesday, 30 May, as the Halasuru Gate police closed the case it had registered against them and filed what is known as the B-report.

An FIR had been filed against them earlier this year for protesting the “unscientific” Sankey road-widening and flyover construction project.

The police filed the case as the activists did not obtain permission for a protest at a time a G-20 Summit delegates meeting was underway in Bengaluru, with the cops saying their agitation would disrupt the movement of international delegates in the city.

Sadashivanagar police filed FIR against Campaigners for a peaceful walk they organised on Feb 19, Sunday against flyover near Sankey Tank

Sadashivanagar police filed FIR against Campaigners for a peaceful walk they organised on Feb 19, Sunday against flyover near Sankey Tank

The FIR against eight known and 70 unknown citizens was filed by the Sadashivanagar police under Sections 341, 141, 149, and 283 of IPC, which pertain to wrongful confinement, unlawful assembly, and obstruction of public way, respectively.

After a citywide outcry over the FIR, the case was transferred to the Halasuru Gate police station for an unbiased investigation.

The filing of the B-report came a day after the High Court of Karnataka stayed all further investigation in the FIR lodged against the citizens who had participated in the peaceful walk opposing the Sankey road-widening and flyover project on 19 February.

Related: Why are experts opposed to Sankey Road flyover proposal?

Citizens hopeful

“We are hopeful that the new government, who in February, as the Opposition, strongly supported us in our efforts to stop the unscientific Sankey flyover, will officially cancel the project — and also put an end to all the unscientific infrastructure projects that had been announced,” said Kimsuka Iyer, a citizen activist and one of the key members of the movement.

“We urge the government to constitute the Bengaluru Metropolitan Land Transport Authority, and ensure that all solutions to traffic problems are undertaken by mobility experts.

“This must be done by undertaking a thorough feasibility study and public consultation, and prioritising the needs of pedestrians, public transport and green cover,” she added.

Related: Citizens walk in solidarity to save Sankey Tank in Bengaluru

Court order hailed

“I never doubted the high court would uphold our constitutional right (to protest). This is one more victory for active citizens and democracy,” Avijit Michael, executive director of the NGO Jhatkaa.org, who was implicated in the case, told South First.

City Police file FIR against Sankey Tank campaigners

Sankey tank campaigners walking on footpath

“We also need to re-examine the 2021 order that effectively banned protesting anywhere in the city aside from Freedom Park. The order contravenes constitutional rights and various Supreme Court judgements related to the right to peaceful assembly and right to protest,” Michael added.

The legal battle, came to a resolute conclusion as the high court recognised the constitutional rights of the activists and their fundamental freedom to express dissent.

The court’s ruling not only restores faith in the judicial system, but also serves as a testament to the power of collective action and the unwavering spirit of those who strive for positive change, Citizens for Sankey said in a statement.

This verdict not only exonerates the activists involved, but also carries broader implications for the future of peaceful protest in the country, by upholding the right to express dissent and gather peacefully.

The high court’s decision underscores the significance of citizen participation in shaping the democratic fabric of the nation. It affirms that the voices of ordinary citizens matter and have the power to influence decisions that affect their communities, the statement added.

Background to the case

Due to the aggressive campaign by the Citizens for Sankey group, the previous BJP government of Karnataka was under tremendous pressure, in the run-up to the Assembly election, to reconsider the Sankey road-widening and flyover project.

One of the heritage trees marked for axing for the upcoming Sankey Road Flyover project in Bengaluru

One of the heritage trees marked for axing for the upcoming Sankey Road Flyover project in Bengaluru (Supplied)

However, members of Citizens for Sankey claimed that their attempts to meet the local MLA, CN Ashwath Narayan, several times went in vain, and they believed that the government was going ahead with the project.

Their fears seemed justified as the Sadahsivanagar police booked 70 citizens — who participated in a walk to peacefully register their opposition to the proposed project — in a criminal case.

Even before the FIR, the Sadashivanagar police had issued notices to the members of Citizens for Sankey as well as another NGO that was actively spearheading the citizens’ movement.

Facing flak over registering a criminal case against 70 campaigners who stood their ground against the proposed flyover project in the Sankey Tank area, Bangalore City Police Commissioner Pratap Reddy, on 4 April, transferred the case to the Halasuru Gate police station for an independent and impartial inquiry.

Around 3,000 postcards have been sent by students in Bengaluru urging the Karnataka CM Basavaraj Bommai not to go ahead with the Sankey Road flyover

Around 3,000 postcards have been sent by students in Bengaluru urging the Karnataka CM Basavaraj Bommai not to go ahead with the Sankey Road flyover (Supplied)

As part of the campaign, around 3,000 postcards were sent by students in Bengaluru to then chief minister Basavaraj Bommai urging him to shelve the road-widening and the flyover project.

As some 60 heritage trees were to be cut for the project,  the citizens’ group had also organised a drawing session for children.

The children wore their artistic hats and depicted the aesthetic beauty of the Sankey Tank area and its heritage trees. The drawing were hung around the trees to register their protest.

The group also organised bio-diversity walks, with experts explaining that there were 23 species of trees in the Sankey Tank area, their likely age and other specialties.