Karnataka Lokayukta corruption case: Karnataka High Court order illegal, says SR Hiremath

BENGALURU: In a sign that the political tug of war over the Lokayukta’s continuance in office, despite accusations of corruption was headed for a court battle, several organisations spearheaded by S R Hiremath of Samaj Parivartana Samudaya accused the High Court division bench comprising Justice N Kumar and Justice B. Sreenivasa Gowda of committing impropriety and illegality, by staying the investigation against Ashwin.

Coming a day after Karnataka State Bar Council Chairman P.P. Hegde’s sensational allegation that some high court judges were trying to protect Ashwin Y., son of Lokayukta Y. Bhaskar Rao, who is facing corruption charges, the organizations, in the complaint sent to President Pranab Mukherjee as well as the Chief Justice of India, the prime minister, the Karnataka High Court Chief Justice, the union Law Minister and the Attorney General of India, call for an immediate enquiry and action to be taken.

“Justice N Kumar is the second seniormost judge of the High Court. He is closely associated with the Lokayukta Justice Y. Bhaskar Rao,” the complaint states.

“On 30.06.2015, the cause list for Justice N. Kumar's Bench does not show any matter filed by Ashwin Y. Yet, as if the sky were to fall, if the investigation against him is not immediately stayed, he (Ashwin) files a Writ Petition in a hurry to that Bench,” the complaint states, adding that Justice N. Kumar should have promptly recused himself from the case as he is allegedly close to Justice Bhaskar Rao.

The complaint adds that even though it was not even previously listed, the Bench, headed by Justice N Kumar, takes up this case for hearing on an urgent basis.

“And, to the public shock, this Bench passes an ex-parte order staying further enquiry by the Lokayukta against Ashwin Y.!” The complaint points out that the petitioner (Ashwin) in this case, WP No.27648/2015 is one Mr. Ashwin Y. but “nowhere in the Annexure to the Writ Petition is his name even listed. All that the Annexure speaks of is one ‘Krishna Rao’. It is beyond all common sense and norms of jurisprudence that a person whose name is not even there in any record, can approach the High Court under Article 226 and request that a future investigation against him be stayed!”

Mr Hiremath said that such a thing had never happened before in Karnataka High Court.

“Not even the President of India is afforded such a privilege. This is a huge blow to judicial ethics and principles, this Bench of Justice N. Kumar does not even think it necessary to issue notices to the parties and proceeds to altogether stay the Lokayukta investigation against this unprecedented fraudster, Ashwin Y. and thereby, against Justice Bhaskar Rao, the judge’s own mentor. WhatsApp and Facebook are teeming with Justice N. Kumar’s connection to the Lokayukta,” he said.

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Revenue Minister V Srinivasaprasad has volunteered to subject his private secretary and a few officials to a probe by a Special Investigation Team (SIT) which had been constituted to probe the corruption charges in Lokayukta, following allegations made by Janata Dal (Secular) floor leader, Mr H D Kumaraswamy on the floor of the State Assembly.