Karnataka Lokayukta: A ‘tainted’ chapter finally ends

After months of controversy following the infamous extortion racket, tainted Lokayukta Justice Y. Bhaskar Rao has finally called it quits — a move eagerly anticipated by many. It is now time for the government to bring in a good Lokayukta, who is honest and has a clean record, say experts.

Seven months after the extortion racket allegedly run by his son Ashwin Y. came out in the open, tainted Lokayukta Justice Y Bhaskar Rao has finally stepped down. The move comes a few days after a motion was moved for his removal in the state Legislative houses, on November 23.

Justice Rao had reportedly sent his resignation letter to the Governor through Lokayukta’s in-charge Registrar Balakrisha on Monday. Though there were rumours that Justice Rao had resigned, no official sources confirmed it. On Tuesday, Raj Bhavan confirmed that Justice Rao’s resignation was accepted.

All these months, Justice Rao was accused of sticking to his post and his sudden decision, in fact, surprised those who were protesting to demand his resignation. Justice Rao, who had extended his leave at least four times, had again done it on December 5 to be on leave till December 17. His absence for months had left many files pending.

“It is good that finally he has stepped down. But, now it’s for the government to bring in a good Lokayukta, who is honest and has a clean record. Otherwise, there will be no meaning for whatever done to make Justice Rao quit,” said H.S. Doreswamy, freedom fighter and anti-corruption crusader.

How the saga unfolded

• May 7: M.N. Krishnamurthy, Executive Engineer in Zilla Panchayat, Bengaluru Urban, meets Lokayukta SP Sonia Narang and gives an oral complaint that an extortion racket was being run from within the anti-corruption insitution.
• May 9:  SP Narang writes to the Lokayukta Registrar apprising him about the allegations.
• June 9: Lokayukta Justice Y Bhaskar Rao orders IGP (Lokayukta) to conduct an enquiry into the case.
• June 23: Upalokayukta Justice Subhash  B Adi directs SP Sonia Narang to probe into the matter.
• June 28: Justice Rao writes to government to appoint any other independent agency to conduct enquiry.
• June 30: Govt orders setting up of Special Investigation Team to probe the case.
• July 1: Lokayukta police registers FIR against Ashwin Rao and High Court stays the investigation.
• July 20: SIT makes its first arrest and takes Ashok Kumar to custody
• July 26: Joint Commissioner (Public Relations) Lokayukta, Syed Riyazathullah, held.
• July 27: SIT sleuths arrest Justice Rao’s son Ashwin Yerabati
• July 27: After his son’s arrest, Justice Rao goes on leave
• July 31: Amended Bill pertaining to removal of Lokayukta passed in Assembly
• September 10: SIT grills Justice Rao in Hyderabad
• November 23: Motion for removal of Lokayukta Justice Rao admitted in both Legislative Assembly and Council
• December 7: Justice Rao sends resignation to Governor
• December 8: Governor Vajubhai R Vala accepts Justice Rao’s resignation

Motion against Adi

Meanwhile, the government has moved the impeachment motion against Upa Lokayukta Justice Subhash B. Adi, who has been accused of overlooking jurisdiction. However, speculation is that some of the ministers and MLAs of the ruling party, against whom cases are pending in Lokayukta, would be in trouble if Justice Adi becomes the in-charge of Lokayukta.

The Congress party landed in a spot when the Legislative Assembly Speaker Kagodu Thimmappa said that the documents given by the party for removal of Justice Adi were insufficient. He had said that more evidence was needed before he could write to the Chief Justice of the Karnataka High Court, seeking a probe into the allegations. This, apparently, revealed that the Congress had a hidden agenda for seeking the removal of Justice Adi.

Turbulent tenure

Justice Rao had taken charge as the Lokayukta of the state on February 14, 2013, after Justice Shivaraj Patil resigned. After two years and 10 months, Justice Rao had to step down owing to immense pressure from various circles and the government’s move to oust him.

‘No direct evidence against Rao’

The Special Investigating Team, which is probing the corruption scandal in the Lokayukta reportedly has “no direct evidence” against Lokayukta Justice Bhaskar Rao in the alleged multi-crore bribery and extortion racket, which was being operated by his son Y. Ashwin, who is in judicial custody. Sources in the SIT said that they have made him witness in some cases.

“Only three types of people know the depth and extent of the racket. Those, who are victims of the extortion, those who have indulged in it and the ones, who are investigating it alone know the truth,” said the officer on condition of anonymity. The SIT has submitted four chargesheets in the scam and the fifth one is underway. “Once we finalise the chargesheets we will get a clear picture on further action (on arrest of Justice Rao),” the officer added.

Rao has disgraced the institution: Hegde

Lokayukta Justice Bhaskar Rao has “resigned to avoid impeachment proceedings against him and the impending arrest, which should have been done earlier because the Lokayukta does not enjoy blanket immunity” said former Lokayukta Justice Santosh Hegde while responding to the news of Justice Rao’s resignation as the Lokayukta.

“The committee of High Court judges (which would have been constituted to look into the allegations) would have found him guilty and the Special Investigating Team (SIT) would have been compelled to arrest him. The SIT should have long arrested Justice Rao for abetment of crime (committed by his son Y. Ashwin) under Section 109 of the Indian Penal Code, because there is enough material evidence against him, which has been brought out in the media. But the SIT made him a witness instead of an accused. There is a wrong conception in media that the Lokayukta enjoys blanket immunity from arrest and prosecution. While he cannot be prosecuted in bona fide discharge of his duty, he can be arrested for committing heinous crimes. The Lokayukta office was being misused not just for bribery but extortion by Lokayukta’s son. The official phones and residence of the Lokayukta was misused for the crime. How can Justice Rao say that he was not in the know of things?” Hegde said.

The former Lokayukta also pointed out that “Mr Hiremath (well known anti corruption activist) had spoken to him in March this year about his son’s misdemeanors and Justice Rao had told him that they had disowned him. Former BBMP commissioner Lakshminarayana had lodged a complaint with the Lokayukta regarding his son’s activities and the cook in Lokayukta’s official residence had told the SIT that he was told to go on leave because he was privy to the extortion racket, which was being operated by Lokayukta’s son.” He added that the Lokayukta could have resigned four months ago; when the racket was exposed, but he chose to stay on because he thought he would lose his retirement benefits.

“If he was innocent then why did he take away the investigation from Superintendent of Police, Lokayukta Sonia Narang, who had exposed the scam and gave it to an officer, whose father-in-law is under the Lokayukta scanner? The officer was upright enough to recuse himself from the case. Justice Rao can still be arrested. He has disgraced the institution of the Lokayukta,” said a visibly upset Justice Hegde.

Panel unanimously recommends Justice Anand for Upalokayukta

Former judge of Karnataka High Court, Justice N. Anand, has been unanimously recommended for the post of Upalokayukta, which is at present vacant following the retirement of Justice S.B. Majage.

Chief Minister Siddaramaiah, who chaired a meeting, approved the nomination of Justice Anand for the post. Opposition leader in the Assembly Jagadish Shettar, Legislative Council Chairman D.H. Shankaramurthy and Assembly Speaker Kagodu Thimmappa were present at the meeting. “We unanimously recommended Justice Anand’s name for the Upalokayukta post,” Mr Shettar told Deccan Chronicle. The recommendation will now be sent to Governor Vajubhai Vala for his assent.

Born on May 8, 1953, Justice Anand enrolled as an Advocate on November 30, 1977 and practised at District Court and other courts in Kolar. He worked as additional public prosecutor, first additional sessions court in Bangalore between 1987 and 1989. He was also a principal district and sessions judge in Hassan, Chitradurga and Mangaluru. He was the Registrar General, Karnataka High Court, from 2003 till his elevation as an additional judge of the Karnataka High Court in 2006 and as a permanent judge in 2008.

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