Decision on new Upalokayukta on December 8

Bengaluru: With the Upalokayukta Subash B. Adi also going on leave from Tuesday, after the Lokayukta Y. Bhaskar Rao went on indefinite leave in July, a meeting has been called on December 8 to select a suitable candidate for the post of the second Upalokayukta. The post was held by Justice S.B. Majage who retired in July this year. The meeting has been called for by the Minister for Law and Parliamentary Affairs, T B Jayachandra, who has also been drafting a new law in conformity with the Central Lokpal Act to replace the Lokayukta Act.

The meeting will be attended by the presiding officers of the Council and Assembly, opposition leaders of both houses, Chief Justice of Karnataka High Court and Chief Minister Siddaramaiah who will be the chairman of the committee.

Three names have been considered for the post among the names - Justice Ajit J. Gunjal, Justice V Anand, Justice Nagamohan Das, Justice A S Pachchapure, Justice Ramanna, Justice Bhakthavatsala and Justice B.S. Indrakala, in which Ajit J. Gunjal’s name is doing the rounds as the frontrunner, claimed sources. The post of the second Upalokayukta has been vacant since July this year following the retirement of Justice S.B. Majage who completed his five-year tenure and retired on July 17.

Lokayukta On DeathBed?

It’s a slow death for Lokayukta - the institution has taken a beating to such an extent that it looks like reviving the institution with its earlier grandeur is a task next to impossible. With the recent development of the Upalokayukta Subhash B. Adi going on indefinite leave after the Assembly speaker admitted an impeachment motion for his removal, the institution of Lokayukta has touched a new low with no top brasses heading the institution for ordering follow-ups on numerous cases that are pending and being registered on a daily basis.

The issue is getting politicised at Legislative assembly and Council with the ruling party and the opposition united with the impeachment of Lokayukta Y. Bhaskar Rao, but divided about ousting of Adi from the office. The Upalokayukta was brought into the office at the behest of the BJP leader Jagadish Shettar, and since Subhash B. Adi had been looking into over two dozen cases against government officials and members associated with the ruling party, the Congress wants Adi out, sources from the Lokayukta claimed. The impeachment resolution has to be forwarded to the Chief Justice of High Court of Karnataka at present which will issue orders based on misconduct if proven. Until then the fate of the institution hangs in balance.

Bengaluru ex-Urban Deputy Commissioner in trouble?

The then Bengaluru Urban Deputy Commissioner’s name could be included in the case of land transfer scam registered by the Lokayukta police where it was found that the land belonging to Vijaya Bank Employees’ Housing Cooperative Society (VBEHCS) was illegally transferred to a dead man’s name by the Tahsildar, Bengaluru South Taluk, Dayananda. He was arrested by the Lokayukta police on November 9.

It was learnt that the taluk officials forwarded the file of the land conversion to BDA for a no-objection certificate and the same was issued. The taluk officials then moved the file to then Bengaluru Urban Deputy Commissioner who approved the conversion in January 2015. The applicant K. Abhayappa was the name of a person who had died in 2001. The Lokayukta police will question the then Deputy Commissioner, Bengaluru Urban, as to how he approved the conversion. The case is being investigated by the Lokayukta police.

‘Why change law when there is no deficiency?’

“When there is no deficiency or discrepancy in the existing Lokayukta Act, why is the Law Minister keen on bringing in a new law in conformity with the central Lokpal Act?” asks former Lokayukta, Justice Santhosh Hegde.

“The question is what is wrong with the present law except for the embarrassment that it brought to the government and few of the government’s actions were reversed? Did anybody complain that the present law is not good enough to give relief to the people? Did anybody complain if the police in the Lokayukta did not do a good job? The Lokayukta police conducted around 700 odd raids and traps in 5 years and that is a humungous task against corruption from 2006 to 2011,” said Santhosh Hegde demanding answer for “why are you changing the law and what is the shortcoming in that law except that you have complaints against the institution?.”

The intention of the government is to slowly kill this institution which is bringing embarrassment. There is no public interest involved at all. The Lokayukta has got two jurisdictions, fighting corruption and grievance redressal of responding to problems of the people arising from governmental actions, and now they want to remove the second part by bringing in new law, which according to me is not required at all, said Mr. Hegde. Both Lokayukta and Upalokayukta should be removed. New people should be put in their places and the Lokayukta should continue to function the way it was earlier, he added.

No plan to shut down Lokayukta: Jayachandra

Law and Parliamentary Affairs Minister T.B. Jayachandra made it clear on Wednesday that the government has no intention of shutting down the Lokayukta institution. “The adoption of motions seeking the removal of the Lokayukta and Upa Lokayukta were not meant to shut down the Lokayukta,” he said. “The government will soon appoint an Upa Lokayukta after consulting all the stakeholders. The chief minister has convened meeting on December 8 to hold discussions with the Chief Justice and opposition leaders of both Houses to finalise a name for the Upa Lokayukta,” he said.

After the governor rejected Justice K.L. Manjunath’s name, the government has to send another nomination for the post. But, he said, the governor has not given any specific reason for rejecting Justice Manjunath’s nomination. Defending the decision of Congress legislators to give a notice for the removal of Upa Lokayukta Justice Subhash B. Adi, he said that not only was Justice Adi overstepping his jurisdiction, but also many allegations were made against him. But he refused to list out the allegations.

Mr Jayachandra said that it was left to the Speaker to act upon the notice. The Speaker now has to write to the Chief Justice to constitute an inquiry committee, he said. On the Lokpal bill, he said, “We have prepared it, but we want a wider discussion before placing it before the Cabinet. The government is yet to take a decision on including maladministration of officers within the ambit of the Lokpal bill, as the Lokayukta Act is already dealing with this issue.”

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