It’s a conspiracy to shut down Lokayukta

Prior to 1984, there were two organisations in Karnataka; one was called the Karnataka Vigilance Commission headed by a Judge to investigate against the mal-action and inaction on the part of the government. The other was called the Anti Corruption Bureau, which was headed by a senior police officer.

The performance of these two was not to the satisfaction of people of Karnataka. In 1983, Karnataka Assembly election took place, where Janata party contested against the ruling Congress party. In its manifesto, it had promised that it will bring about value based governance.

As things would have it, the Janata Party came into power and keeping up with its manifesto; it passed the Karnataka Lokayukta Act. It was on the lines of recommendations made by Administrative Reforms Commission, which had recommended the creation of an ombudsman similar to that of Scandinavian countries.

That recommended to the creation of an institution of Lokpal at the Centre and Lokayukta at the state, with powers in them to tackle corruption, as well as maladministration. The government at the Centre did not act upon that recommendation that was made in 1964. Karnataka is one of the first states to create an institution of Lokayukta by an Act made in the year 1984. The institution of Lokayukta started functioning in the year 1986, while the Centre took no such steps to create Lokpal. It is only when Mr. Anna Hazare’s movement under the banner of India Against Corruption in the year 2012, the government at the centre assured Mr. Hazare they would introduce the Lokpal Bill in the Parliament. Almost 30 years after Karnataka enacted the Lokayukta Act in the state, the Lokpal institution has not come into existence. The enactment made in 2013, is an apology for an institution of Lokpal, which is not to investigate mal-action on the part of the government.

The jurisdiction of Lokpal is confined to only a class of officers and confined only to investigate corruption. It is no investigating agency of its own, while Karnataka has specifically two jurisdictions — to investigate corruption and to investigate mal-action or inaction on the part of government from which any citizen would suffer injustice. Karnataka Lokayukta Act has a separate police wing headed by an officer of the rank of Additional Director General of Police and officers of all ranks including constables. It has also provided for district Lokayukta offices headed by Superintendent of Police and supported by ranks below him.

Karnataka Lokayukta Institution has been people friendly and it has done commendable job both in the areas of corruption, as well as, complaints received by citizens. The institution has suo motu power to initiate investigation against the Chief Minister also, provided there is credible material against him. The Act provides that every elected representative has to file his yearly asset statement on a fixes date, i.e., on or before June 30, failure of which will follow several consequences including prosecution under section 176 of IPC. If the information given is false, then prosecution under Section 177 of IPC can be resorted to. In the grievance redressal jurisdiction, the Lokayukta officer is open to all aggrieved persons, irrespective of their social status. Such persons have open access to the Lokayukta or Upalokayukta, who will give a patient hearing to the complainant and will also give direction to the investigation. Since the year 1986, the institution of Lokayukta has been functioning in Karnataka responding to the problems of the people arising from the administration.

It should be noticed that under the provision of the Prevention of Corruption Act, 1988, an investigation under that section can be conducted only by a police officer. Hence, Lokayukta has no jurisdiction to interfere in the investigation. However, a pro-active Lokayukta can encourage, induce confidence, and seek performance from the police wing of the Lokayukta. Such, pro-activism has paid dividends, as much as, in the years between 2006 and 2011, more than 750 raids and traps were conducted by the Lokayukta police, which is a huge number for any institution fighting corruption. Lokayukta police have created a history by investigating and chargesheeting not only the lower rank officers, but minister and legislator have been trapped and investigated, and consequent detention of them.

During the above period, under the grievance redressal jurisdiction, the Lokayukta has received more than 23,000 cases which were investigated and relief given in deserving cases. In this process, Lokayukta institution has given relief in the field of medical aid, police investigation, in violation of Town and Country Planning Act, in distribution of state subsidies, and in areas where maladministration was prevalent. Very unfortunately, the Lokayukta of Karnataka earned the wrath of people with power both in legislature and executive.

Efforts were made in 2014 to dilute the powers of Lokayukta in the pretext of bringing the Lokayukta in conformity with the central Lokpal Bill, which is commented here and above is an apology to the institution of ombudsman. In the proposed Lokayukta Bill of 2014, the government of Karnataka decided to adopt the provisions of Lokpal Bill. Under that bill, it was proposed that the Karnataka Lokayukta will have only one jurisdiction, i.e., fighting corruption. Knowing very well, fighting corruption is not possible for the Lokayukta under the Prevention of Corruption Act, 1988. If the grievances redressal jurisdiction is taken away, then what will be left is only investigation of corruption by Lokayukta police wing, and Lokayukta will have no work to do. In spite of that, the government has been very generous for the resettlement of retired Judges and bureaucrats, because that bill provides for nine Lokayuktas in the state, who will be drawing their emoluments for no work that is to be done.

When it came to my notice, I wrote a piece in a daily titled ‘Why This Drama, Close this Institution’. For some reason or the other, the government lay low on this bill. Very unfortunately, acts of a greedy person, who is presently holding the post of Lokayukta, has given a lot of fodder for the conniving thought of the government. As a first step towards creating an anti-Lokayukta atmosphere, the government is indulged in certain activities taking advantage of the prevailing situation in the Lokayukta. As a first step, the Legislative Assembly passed an amendment to the removal of Lokayukta, which fully support. I also support the move for the removal of the present Lokayukta. But the move to impeach the Upalokayukta is, in my opinion, a step taken as a prelude to bring a new Lokayukta Bill, which will literally destroy the institutional integrity.

I ask the government when did the mal-action of the Upalokayukta occur? Aren’t these allegations at least one year old? In one of the allegations, which is the main complaint, did not the government accept the report of that Upalokayukta? What does that indicate? Government did not take any action by challenging the actions of the Upalokayukta, nor did it seek any review of the order made by the Upalokayukta. But it found it convenient to move a resolution simultaneously with the resolution moved against the Lokayukta.

In my opinion, it is a convenient action on the part of the government which suits its intention to close down the Lokayukta institution, at least temporarily. The consequence of these two resolutions is that once the proposal reaches to the table of the Chief Justice of the Karnataka High Court, both these officers will have to stop functioning in their respective offices. There isn’t a third Lokayukta to function. Knowing the consequences that during the interregnum of the investigation, Lokayukta institution will have no officers to head that institution, and ipso facto, that institution will cease to function. This is what exactly the government wanted.

I hope people of Karnataka will understand the situation and if they think Lokayukta institution can do a lot to the people, they should protest against this move.

(The writer is a former Lokayukta)

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