Freedom of press and speech not arbitrary: KB Koliwad

In the backdrop of Bellandur Lake froth fiasco, the role of the House Committee on Lake Encroachment is even more crucial now. At time when people are looking at Mr K.B. Koliwad, chairman of the House committee who is also the Speaker of the Assembly, with hope, the ongoing legislature session is yet to discuss the issue in detail. On the World Water Day last week, the legislature, instead of discussing water, water bodies or drought, went on the offensive against the media. Mr Koliwad’s decision to allow the debate raised many eyebrows. In an interview with DC, Mr Koliwad spoke about the activities of the House Committee and the intention behind allowing the debate on the media. Here are the excerpts.

You are the head of the House Committee on Lake Encroachment. What stage has your committee reached?
The survey work is over. In Bengaluru Urban district, we have mapped 837 lakes and in Rural district, 1,547 lakes. What we found was that the government agencies, like the BBMP, BDA and transport department, have encroached 3,257 acres in 1310 places. In all, 11,764 people have encroached 7,530 acres of lake land. They were served notices and over 5,000 people replied to our notices and subsequently, they were examined. Besides, we found encroachment of 501 acres of Raja Kaluves stretching over 1,090 km. For every lake, we prepared a dossier with the revenue map, photos, extent of encroachment and details of individuals who have encroached. I formed an expert committee, held meetings with them and took their opinion on what to do and what not to do with encroachments. We defined what a lake is and suggested how to rejuvenate and protect these water bodies. Everything is ready. The report runs into 10,000 pages.

The government agencies might have encroached the lakes and built offices or school buildings. But as far as private parties are concerned, they are individuals who have built small houses. They are different from the big fish. How are you going to deal with each one?
The crux of the matter is this: How to deal them. This can’t be disclosed at this stage. There are layouts developed by the BDA on encroached land. The Kempe Gowda bus-stand was built on an encroached tank bed. We thought of action to be taken against private encroachers, however, it is not approved yet. Any private encroachment that is being used for a commercial purpose will not be spared. No sympathy for them. But we have to see from a different perspective the encroachment of individuals in slums and on residential plots. I can assure you that a land grabber or an encroacher and the officers who colluded with these grabbers will face the music. We thought of proposing attachment of movable and immovable properties of these people. Of course, we have to take a final decision on this.

Your report will be recommendatory in nature. In its five-year tenure, the present Legislature has only one year left. In the election year, do you think any government will take the risk of acting against these big fish? Perhaps no. We are not sure who comes later and what decision they will take. It looks like the entire exercise may go a waste.
If there is a will, there is way. The government is not going to die. Whether this government or the one comes next can take action. In the interest of the state, let us hope that the government will take action based on our recommendations.

After Mr Suresh Kumar resigned from the committee, there are murmurs that some members might have indulged in ‘suitcase diplomacy’ with real estate builders.
(Taking a deep breath and looking agitated) Show me the evidence. If any member is found doing that, I will remove him at once. If Mr Suresh Kumar has any evidence, let him come forward. All along, he attended the visits we had organised. I do not know what his grouse was. Even today, I invite him.

You know such transactions happen outside the legal ambit and it is difficult to trace the money trail.
Then, how will I know about this? How can I understand which officer is involved? I know the duties of the committee and can talk about it. If there is any lacuna in the functioning of the committee, let them point it out. As soon as I became the Speaker, Mr Suresh Kumar stood up and suggested that I should continue as chairman of this committee. The House wholeheartedly agreed. The House is supreme. Whatever it says I have to follow.

Moving on, the timing of the discussion on media was but intriguing. What was the need for it now?
(In an assertive tone) The members gave a notice under Rule 69. I had to give them the opportunity and they discussed everything.

A well-orchestrated strategy seems to have worked behind raising the issue that day...
When members give notice, I have to accept it. So, I allowed.

For instance, the sting operation on B.R. Patil happened over a year ago. No major campaign was carried out against any legislator in the recent past. What was the need for this discussion now?
B.R. Patil was not the only one who signed. There were many signatories. More than a dozen people spoke. When members sought time, I had to allow.

The way members like S.T. Somashekhar spoke, it looked like it was a hit-and-run  campaign. Media men could not come to the House to defend themselves. Was it fair?
I cannot take away the right of the members to speak. Whatever they wanted to speak, they did. It is your interpretation that makes it looks like a hit-and-run case. But legislators cannot accept malicious and slanderous campaigns being carried out or telecast against them.

It was such a coincidence that after a few newspapers carried reports against you and your family members, this discussion took place. To put it straight, you shot from the legislators’ shoulders. Isn’t it?
(Agitated) It is you who are saying this. It is your interpretation. That’s false. The MLAs felt offended and they gave the notice, so I facilitated the debate. As far as my family members getting sites, no violation has occurred. The Legislature Employees’ Housing Cooperative Society was formed two decades ago. As per the by-law, legislators can be associate members. They can’t be office-bearers. In 2004, they approached many, including Horatti and me, asking for funds. In 2005, I was not an MLA. I paid Rs 50 lakh in 2005 because they had no money to purchase the land to develop sites. They collected Rs 40 crore and developed the layout. Allotment (of sites) was done in 2016. The list was prepared and it was approved by the registrar of cooperative societies. What is the illegality here? This is a case of malicious campaign.

The day the debate happened, it was the World Water day. When the state was reeling under drought, it would have been befitting for the legislature to discuss the Water Day and drought. Instead, it picked up the issue of media.
I inaugurated the World Water near Town Hall. I showed my concern. The House decides what it has to discuss. I am only the presiding officer and I facilitated the debate.

Finally, the legislators want to regulate and control the media. Isn’t that the intention?
Why do you interpret it like that? The freedom of press and freedom of speech is not arbitrary. It should be within the purview of the Constitution. You can’t go outside. Your duty is to explain the truth and not untruth.