Karnataka Lokayukta corruption case: Too hot to handle, who will bell the Lokayukta?

Bengaluru: Karnataka State Bar Council Chairman P.P. Hegde on Monday said that members of the bar council and several pro-Kannada organisations will hold a protest rally on Friday, demanding the immediate removal of Lokayukta Justice Y. Bhaskar Rao following serious allegations of corruption in the institution, that allegedly involves Justice Rao’s son Ashwin Rao.

He said that the state government should act against all the accused in the scandal and hand over the investigation the CBI. He suggested that honest officers in the Lokayukta should go on leave, as a mark of protest and to protect the dignity of the institution. Several protests demanding the resignation of Justice Rao and seeking a CBI probe continued on Monday.

Nearly 100 lawyers, led by senior advocate K.N. Subbareddy, protested in front of the Lokayukta office on Monday morning. There was a heated argument between the police and the advocates, as they tried to forcibly enter the Lokayukta office. The situation was brought under control after the intervention of senior police officers and advocates.

Mr Subbareddy told reporters that the advocates will not stop protests until Justice Rao steps down. “We will intensify our protests every day. Our demands are clear and we will not stop our protests till our demands are met.” Members of the Lok Satta Party too joined the protests in front of the Lokayukta office. In a further development, Ashwin Rao approached the Karnataka High Court seeking a stay on an FIR against him following a complaint filed by as executive engineer from PWD, M.N. Krishnamurthy, who was allegedly asked to pay a bribe of Rs 1 crore by one Krishna Rao to prevent a Lokayukta raid.

The Lokayukta police had filed the FIR after identifying Ashwin Rao as Krishna Rao, who he met Mr Krishnamurthy at the Lokayukta office on May 4. Lokayukta police had registered a suo motu case against Ashwin Rao alias Krishna Rao under Section 8 of the Prevention of Corruption Act, 1988 and sections 384, 419, 420, 120(B) of IPC. The case is expected to be heard on Tuesday.

Freedom fighter H.S. Doreswamy, who has been demanding the resignation of Justice Y. Bhaskar Rao, took part in a protest in Bengaluru on Monday (Photo: DC)

Judges protecting Ayukta's son: KSBC chief

Bengaluru: Karnataka State Bar Council Chairman P.P. Hegde, on Monday alleged that some judges are trying to protect Ashwin Rao, son of Lokayukta Justice Y. Bhaskar Rao who is an accused in the Ayukta scam.

Mr. Hegde said that some of the judges, who are close to Justice Rao were appointed during his tenure as Chief Justice of Karnataka High Court. He alleged that Justice Rao is misusing his position and his close relationship with some judges to protect his son and urged Supreme Court Chief Justice H.L. Dattu to intervene in the matter.

Meanwhile, Ashwin’s plea before the high court in corruption cases and an FIR filed against him by the Lokayukta was posted before the division bench headed by Justice N. Kumar, on Tuesday.

The division bench had on July 1 stayed an inquiry conducted by the Lokayukta police into the bribe charges while passing an order that the anti-graft body should wait for the report of the SIT set up by the government to probe the charge. Within minutes, an FIR was registered against Ashwin Rao based on the written statement by an executive engineer from the PWD, M.N. Krishnamurthy, who alleged that one Krishna Rao demanded a bribe of Rs 1 crore from him.

FIR can’t be trashed, has to be investigated

The First Information Report (FIR) against Ashwin Y., son of Lokayukta Justice Bhaskar Rao, which was registered last week by the Lokayukta police (City wing) under the Prevention of Corruption Act (PCA) and sections of the Indian Penal Code for extortion, impersonation and criminal conspiracy cannot be trashed and will have to be investigated.

“The FIR is a legal document, which is submitted in the court. It can only be quashed by the court. The Special Investigation Team (SIT), which has been constituted by the government to investigate the internal corruption in the Lokayukta, cannot reject the FIR.  They will have to investigate the FIR even if they have to register a supplementary FIR or file the closure – the ‘B’ report,” said an official source.

The Lokayukta police (City wing), meanwhile, have sought the opinion of the legal cell of the Lokayukta on whether the High Court stay order on the in-house investigation in the corruption scam by the Lokayukta police is valid on the FIR. “The Lokayukta police have sent a set of queries including if the stay order is valid on the FIR. They have also asked if they can refer the matter to the advocate general for clarification,” said sources in the office of the Registrar, Lokayukta.

The government has approved the deputation of two Indian Police Service (IPS) officers – Deputy Inspector General of Police & Director, Security & Vigilance, Karnataka State Road Transport Corporation (KSRTC) Soumendu Mukherjee and Deputy Commissioner of Police (West) Labhuram to the SIT, which will kickstart the investigation once the team is in order. “The SIT chief – Additional Director General of Police & Inspector General of Prisons Kamal Pant – on July 4 has written to the government to grant police powers to the SIT so that it can register and investigate criminal cases against the accused. The government notification is awaited,” the officer added.

Ashwin Rao

Ashwin faces grave charges

Before the High Court stayed the investigation by the Lokayukta police, an FIR was filed. Lokayukta Justice Bhaskar Rao’s son Ashwin Y. is in trouble as the police have booked him under various sections based on the information provided by the Executive Engineer, Krishnamurthy, who exposed corruption in the anti-corruption agency. Ashwin has been booked under:

• Section 8 of the Prevention of Corruption Act, 1988 – Taking gratification, in order, by corrupt or illegal means, to influence public servant
• Section 384 of the IPC - Extortion
• Section 419 of the IPC - Cheating by impersonation
• Section 420 read with 120 (B) of the IPC - Cheating and criminal conspiracy

Tough job for SIT to probe charges

The Special Investigation Team (SIT), which has been set up by the state government, has a tough task ahead of investigating corruption inside the Lokayukta and that too the alleged involvement of the Lokayukta Justice Bhaskar Rao’s son Ashwin .Y in the alleged multi-crore corruption and extortion scam.

There are two written complaints of corruption by victims, one by the executive engineer, Zilla Parishath, Krishnamurthy, which was given to Lokayukta, (City wing) Superintendent of Police Sonia Narang and the other was given to Upalokayukta Justice Subhash Adi by Janaadhikara Sangharsh Parishath (JSP). The Lokayukta police had last week registered an FIR against Ashwin after Krishnamurthy identified him as Krishna Rao, the man, who had allegedly called him to the Lokayukta office and demanded a bribe of Rs 1 crore to prevent a Lokayukta raid. The FIR rests on his identification and the written complaint against Ashwin. “There is enough evidence against the others, who are part of the extortion gang, which will come out during the course of investigation,” said an official source.

He said that the prosecution has to prove that Ashwin was in Bengaluru on May 4, the date of the incident. The complainant had stated that he was called to the Lokayukta office on May 5, but Ashwin alleged that he was being framed, as he was in Hyderabad on May 5. He had produced documents to show that on May 5 he was at the US Consulate in Hyderabad to get his visa papers processed,” the officer said.

Members of Loksatta Party seen protesting outside the Lokayukta office premises, demanding the resignation of Lokayukta Y Bhaskar Rao, in Bengaluru on Monday (Photo: DC)

How the saga unfolded

• April 20: Krishnamurthy, Executive Engineer in Zilla Panchayat, Bengaluru Urban, gets a call from Krishna Rao, who claimed to be the secretary of Lokayukta Justice Y. Bhaskar Rao, and asks the officer to meet him at Lokayukta’s official residence.
• April 21:  Mr Krishnamurthy meets Krishna Rao.
• April 25: Again, Krishna Rao calls and asks the official to meet him at a star hotel and demands Rs 1 crore to prevent a Lokayukta raid.
• May 7: Krishnamurthy meets Lokayukta SP Sonia Narang and gives an oral complaint.
• May 9: SP Sonia Narang writes to the Lokayukta Registrar apprising him of the allegations.
• June 9: Justice Rao orders IGP (Lokayukta) to conduct an inquiry into the case.
• June 23: Upalokayukta Justice Subhash B Adi directs SP Sonia Narang to probe the allegations.
• June 26: Justice Rao transfers the case to the CCB for further probe.
• June 28: Justice Rao writes to the government to appoint an independent agency to conduct an inquiry into alleged corruption within the Lokayukta as the CCB head explains that a case against his father-in-law was pending before the Lokayukta.
• June 30: The govt orders setting up of Special Investigation Team to probe the case.
•  July 1: The Lokayukta police register an FIR against Ashwin Y., but the High Court stays the investigation
• July 2: SIT Chief Kamal Pant writes to the government, naming his team for approval
• July 3: The government gives its approval to Mr Pant’s requests for setting up of the SIT.
• July 4: The Lokayukta police refer the HC stay order to the Lokayukta legal cell to examine whether the order is valid on the FIR filed by them
• July 6: Protests by various organisations, prominently by advocates, increase demanding Lokayukta’s immediate resignation