Legal Clarity on Belagavi Resolution
Senior Supreme Court advocate Mohan Kataraki has stated that there is no legal impediment for the Belagavi City Corporation (BCC) to pass a resolution declaring that “Belagavi is an integral part of Karnataka.” This statement aligns with the demands of pro-Kannada organisations that have been protesting for over two months.
Kataraki’s Legal Opinion
Kataraki, who represents Karnataka in key inter-state water disputes including the Cauvery, Upper Krishna, and Mahadayi cases in the Supreme Court, shared his opinion during an interaction with leaders of Kannada organisations at the Circuit House on Wednesday. He said he had already conveyed his legal view to Deputy Mayor Hanumant Kongali, affirming that the BCC can proceed with the resolution without any ambiguity, as Belagavi is unequivocally part of Karnataka.
Meeting with Kannada Outfits
The meeting was convened by Kannada outfits to seek legal clarity and chart the next course of action to ensure the resolution is passed. The BJP-led ruling group in the BCC has been reluctant to move forward with the proposal, reportedly due to political considerations, despite sustained pressure from Kannada organisations.
Addressing Concerns
Addressing concerns over the BCC’s delay citing the pending Supreme Court case on the border dispute, Kataraki clarified that the proposed resolution is symbolic in nature and intended to counter the pro-Maharashtra resolution passed by the Maharashtra Ekikaran Samiti (MES) in 2005. He emphasised that such a resolution does not pose any legal hurdle, provided it does not delve into the merits of the border dispute currently under judicial consideration.
Historical Context
Questioning the basis of hesitation, Kataraki noted that the Belagavi Municipal Corporation itself was constituted by the Karnataka government in 1976, making the city’s status within the state clear. He further explained that Belagavi was included in Karnataka under the States Reorganisation Act of 1956, enacted under Articles 3 and 4 of the Constitution. The proposal had also received unanimous approval from the then Mumbai presidency, which raised no objections at the time.
Ongoing Border Dispute
Kataraki pointed out that objections to Belagavi’s status emerged only years later, eventually leading to the ongoing border dispute case in the Supreme Court, which, he observed, lacks substantive merit. Kannada activists Ashok Chandargi, Wajid Hirekodi, Balaram Masenatti, Srinivas Taluker, along with office-bearers and members of various organisations, were present at the interaction.
