Lokayukta toothless now, who’ll fight graft?

The anti-corruption watchdog will remain headless till the probe is completed

Update: 2015-11-24 03:58 GMT
Lokayukta Justice Y Bhaskar Rao (right) and Upalokayukta Justice Subhash Adi

Bengaluru: With the opposition parties submitting a petition to oust tainted Lokayukta Justice Y Bhaskar Rao and ruling Congress party filing a motion for the removal of Upalokayukta Justice Subhash B Adi, the anti-corruption watchdog will remain headless till the probe is completed.

While the opposition parties have set the removal process of Lokayukta Justice Y Bhaskar Rao in motion, the ruling party Congress has submitted a motion backed by 88 legislators for removal of Upalokayukta Justice Subhash B Adi.

In this political game, the anti-corruption institution will remain headless for at least three months as both Justice Rao and Justice Adi will have no powers to discharge their duties.

The Karnataka Lokayukta (Amendment) Act, 2015, states, “The Lokayukta or Upalokayukta, as the case may be, against whom a motion is moved before the House or the Houses of the State Legislature for his removal, is precluded from discharge of his duties during the pendency of motion for his removal before the House or the Houses of the State Legislature.”

Once the Speaker of the Legislative Assembly, who has admitted both the petitions for the removal of Justice Rao and Justice Adi, refers it to the Chief Justice of Karnataka High Court for probe, both the heads of the anti-corruption watchdog will be precluded from discharging their duties.

With the absence of Justice Rao, hundreds of files were pending for his approval. Now, the institution will be headless for months and Registrar of the institution will be in charge. There are also rumours that the ruling party is contemplating to shut down the Lokayukta institution and establish another agency on the lines of Lokpal.

Former Lokayukta Justice N Santosh Hegde termed the developments as ‘drama’ by the government to shut down the Lokayukta.

“Even earlier there were attempts to shut down the institution. Now, they are doing it more aggressively. Instead of so much drama, they should just shut it down. No government official wants this agency and it is only the public who come to Lokayukta seeking help.”

On the rumors that the government is contemplating to establish other institution on the lines of Lokpal, he said that it would not be helpful as there is no grievance redressal system in Lokpal. “After trying vigilance commission and anti-corruption branch, the Lokayukta was set up. It is a good institution but is being destroyed,” he added.

Adi going out for rubbing government on the wrong side?

In a turn of events, the Congress has submitted a petition for the removal of Upalokayuka Justice Subhash B Adi, which was unexpected. Though the government claims that it had received many complaints against Justice Adi and its move was just to clean up Lokayukta institution, there are a few other reasons on why Justice Adi is being targeted.

It may be recalled that on July 17, on the day of his retirement, former Upalokayukta Justice S B Majage had hit out at Justice Adi, accusing him of ‘encroaching’ his jurisdiction. “I was asked for some files to be given to the other Upalokayukta, when he wanted to go to a district, for which I did not agree. Meanwhile, in an enquiry file entrusted to me for enquiry and report, the other Upalokayukta received that file and made a report, recommending dropping the proceedings against the delinquent Government Official. I noticed such encroachment increasing by leaps and bounds after there was wide publicity in the media about my visit to Mandur,” he had told.

He had said that there was a need for high level probe on how Justice Adi could have control over the Bengaluru Urban District, which does not come under his purview. Besides, Justice Adi is accused of giving a clean chit to a doctor, who is a close relative of BJP leader and former Chief Minister Jagadish Shettar. In a nutshell, the Congress sees Justice Adi as a BJP man.

Another speculation is that some of the ministers and MLAs, against whom cases are pending in Lokayukta, would be in trouble if Justice Adi becomes the in-charge of Lokayukta, as the motion for removal of Justice Rao is already moved. When DC contacted Justice Adi, he refused to make any comment on these developments.

 

 

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