‘There is evidence against Upalokayukta in graft case’

Here are excerpts of an interview with the jovial politician.

Update: 2015-11-30 03:27 GMT
V.S. Ugrappa, Congress MLC
Last week, Congress MLC V.S. Ugrappa hit the headlines. Backed by the Congress Legislature Party, he came up with a masterstroke by proposing the idea of moving a motion against Upalokayukta, Subhash Adi. And in another case, he was seen sitting in the officers’ gallery of the Legislative Assembly forcing the BJP to stage a dharna in the lower House. In an interview with Deccan Chronicle, Mr Ugrappa spoke on his crusade against corruption in the Lokayukta institution. His commitment to fighting corruption is beyond doubt but like many other politicians, he could only duck when posed questions on a few ministers facing charges of corruption and misconduct. Here are excerpts of an interview with the jovial politician.
 
The Congress party has filed a petition seeking the removal of Upalokayukta, Justice Subhash Adi. What evidence did you give to support your petition?
In the Lokayukta Act, it is very clear that there should be zero tolerance for corruption. But in 2011, IPS officer, Madhukar Shetty wrote a letter to the chief secretary about corruption in Lokayukta. He also brought this to the notice of the then Lokayukta.  I wonder why the then Lokayukta did not act on this.
 
Your innuendoes suggest that then Lokayukta, Justice Santosh Hegde was soft on corruption..
No. I do not want to make allegations without proof. But the debate boils down to the question: Why did he not act? Both the Lokayukta and Upalokayukta are facing charges of corruption and misconduct. About the Upalokayukta issue, there is evidence. Retired Upalokayukta Justice S.B. Majage passed an order highlighting the misconduct of Justice Subhash Adi. See, how Justice Shivraj Patil conducted himself. No one demanded his resignation, but he resigned. Documents were released against both the incumbent Lokayukta and Upalokayukta, still both did not resign. The conduct of both Justice Bhaskar Rao and Justice Adi was not upto the mark. Justice Adi violated the jurisdiction fixed by the Lokayukta. He interfered in files coming from other districts. Dr Shaila Patil, a government doctor was facing charges of corruption. The case was handled by Justice Majage. She was diverting medicines from the government warehouse to her husband’s nursing home in Hubballi. The case was with dealt with by Justice Majage. Justice Adi got the file and closed it throwing all rule to the wind. His son-in-law gave land meant for some other purpose to an ineligible person. Now, the BJP is trying to use the Upalokayukta’s office.  Raj Bhavan has become a BJP office now. The governor has rejected files and names  recommended by our government.
 
If you recommend names of people with a questionable track record, how can he clear them?
I will explain. When we sent a CID report on the KPSC scam asking for the suspension of members who were found guilty, he (governor) did not act on it. He does not approve the names of new members for KPSC. When we sent him Finance Commission recommendations, he did not approve. The government went to him with an ordinance on trifurcating BBMP, he rejected it and later when we went to him with the BBMP amendment bill, he did not approve it. Karnataka Administrative Tribunal is vacant for over two years. The government had sent the names of two former judges, Justice Nagmohan Das was rejected first and later the name of Justice Bhaktavatsala was sent and that was also rejected. I can clearly see the BJP’s hand here. The BJP is trying to de stabilise the government, they have hatched a conspiracy. They know the Upalokayukta is tainted but they won’t bring a motion seeking his removal. 
 
But Justice Adi said Shaila Patil was exonerated in the departmental inquiry. In his son-in-law’s case, the high court has given a clean chit. Then how can you level allegations? 
Is there any investigation report against the Lokayukta? The SIT chargesheet refers to his son. There is no inquiry against Lokayukta, still the opposition moved against Justice Bhaskar Rao. I am not batting on his behalf (Justice Rao). But there is an inquiry report against Upalokayukta, Justice Subhash Adi. Who is he to clear Shaila Patil’s file? How can you see the files outside your jurisdiction? It is a clear case of misconduct. For this misconduct seven staff members faced inquiry. We have clinching evidence, what’s wrong if we bring a motion against him? We discussed this issue in the Belagavi session. If BJP had brought the motion against both Lokayukta and Upalokayukta, we would not have acted against Justice Adi. 
 
In the terms of reference fixed to SIT, you have not mentioned about Justice Rao’s role. So, SIT did not inquire into Justice Rao’s role. In this case, you could have set up a SIT, wait for the report and could have moved then..
The Lokayukta Act is very clear. There is a bar on any such inquiry. So we could not have ordered a probe against the Upalokayukta. 
 
Justice S.B. Majage said he does not have anything (against Justice Adi). Are you really sure that there was an order passed by him or was this evidence you are referring to, cooked up by the Congress party? And why did you conceal it from the Opposition?
No, my friend, I have the copy of the order. We enclosed the copy of the order with our petition. This is not a court of law where we have to share the copy of the  complaint with the other party. Here is a case where legislators have to give a notice. It is in the domain of the chairman and Speaker to take further action. It is not appropriate to give the copy of the order to others. Have the BJP shared the copy of their petition? No. 
 
The suspicion was: You acted hastily because you feared that the Upalokayukta would take over the entire institution if Lokayukta is removed. You might have thought he may start acting against the petitions pending against the Congress leaders.
No. Why should we worry? 
 
Now, the Bar Council is moving a petition urging the Speaker not to remove the Upalokayukta. Senior counsels and former advocate generals are also joining them. 
(a bit agitated..) With due respect to my brother advocates, I have to say everyone has to exercise their right within their jurisdiction. What information do they have about  this case? If they have, let them give information. 
 
Why did you sit in the wrong place in the assembly the other day and create a furore?
I have never violated any law in my entire life. In the Legislative Council, the chairman announced that just like in the Upper House, elected representatives should sit in the officer’s gallery. I asked the Speaker’s office, they 
cleared my request and later security personnel took me there. Where have I gone wrong? If I had committed a mistake, why would he apologise to me in his chamber later? I said you should not because, you are of my father’s age. 
 
Your commitment to fight corruption is beyond doubt. Why are you quiet on charges of misconduct and corruption against ministers in the Siddaramaiah cabinet?
If you have any evidence please share it with me. Thank you my friend.
 

 

 

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