Killing corruption or killing the Ayukta?

The government’s move to set up the Anti-Corruption Bureau has left the common man confused. With the ACB yet to take off, people do not know whom to approach to file complaints against officials who demand bribes. The ACB is still not functional and the Lokayukta police are refusing to accept complaints as they have been issued a directive by the government.

First, the institution of the Lokayukta was nearly crippled by scandal and then it received a bludgeoning as the government announced the establishment of the Anti Corruption Bureau (ACB) to police the state’s corrupt. While the state is still debating the pros and cons of the government’s decision, it has already issued a directive to the Lokayukta police not to receive any complaints under the Prevention of Corruption Act, making it almost defunct.

Acting on the orders, the Lokayukta police have stopped receiving such complaints since Monday. But the government has clearly acted in haste as it has not even provided office space for the ACB, leaving the people in confusion about where they are supposed to file their complaint against corrupt babus and the like.

An official of the Lokayukta police wing says there is no clarity on its role anymore. “Officially, we are not supposed to take any complaints from the public and can only investigate cases referred by the Lokayukta or Upa Lokayuktas. Even these cases cannot be registered under the Prevention of Corruption Act. Instead of beating about the bush in this manner, they should simply tell us that we do not have any work now,” he adds bitterly.

While the Lokayukta police wing has been effectively nullified, it could be a while before the ACB begins to function as it cannot work effectively in the absence of designated police stations. Also, the government has not yet posted the required officers to the ACB. Currently it has only two officials working, ADGP K.V. Gagandeep who is heading it and IGP M. A. Saleem, Official sources say that the government plans to transfer  officials of the police wing to the ACB, as they have a better understanding of cases registered under the Prevention of Corruption Act. But this could take a while and the bureau could take months to set up its offices in other districts as well, note anti-corruption crusaders, lambasting the government’s move to set up the ACB without proper preparation and plans for smooth transition.

Not too late for CM to make amends: H. S. Doreswamy
Freedom fighter and anti-corruption crusader, H. S. Doreswamy, makes no bones about his unhappiness with the state government’s decision to set up an Anti-Corruption Bureau in such haste and without consultating anyone.

“The government passed the order without giving anyone any inkling about it. Why didn’t it consult Opposition leaders and social activists before passing it? This is not a democratic way of doing things. The Chief Minister claims it is not an attempt to curb the powers of the Lokayukta. But when it has no powers left, what is the use of having its police wing?,” he demands, adding that it is not too late for the Chief Minister to make amends.

“The government has done this in a hurry without discussing the pros and cons. When the Chief Minister himself supervises the ACB, what happens if someone files a complaint against him with it? Clearly it will not receive permission to pursue the case. Similarly, many officials will be let off the hook with one or the other of their political masters going all out to  save them,” Mr Doreswamy contends, voicing the opinion of many activists and crusaders against corruption,who believe the Lokayukta has been deliberately superceded for the sake of the state's corrupt politicians and babus.

It is a dangerous, dishonest move against public will: Justice M. F. Saldanha, former judge of the Karnataka High Court
The government’s move to set up an Anti-Corruption Bureau is an absolute disaster. It will not only give total immunity to dishonest officials, but is a dangerous, dishonest move against public will.

The entire exercise is illegal. If any individual approaches the court protesting that the government has set up the ACB without amending or repealing the Lokayukta Act, it will be in trouble. The common man needs to have confidence in the agency  he  goes to file a complaint with. The government should have thought about it before ordering the establishment of the ACB, which functions directly under the Chief Minister.

Instead of setting up the ACB, the government should have strengthened the Lokayukta by appointing Upa Lokayuktas in every district and creating a police force to directly function under it. The Lokayukta should have a presence even in villages, because the complainant, who lives in a village, cannot come to the district headquarters every time he needs to follow up the case.

It is sad that the judiciary has been tainted, but the government is taking advantage of this by claiming it is not able to find a suitable candidate for the post of Lokayukta. The solution is to amend the law and appoint a dedicated anti-corruption crusader, after a thorough check of his antecedents, to the post. If that is done, people will definitely regain their confidence in the institution. Setting up special courts to try corruption cases and having a specialised police force controlled by the Lokayukta will also help. Any agency set up to  curb corruption needs to be autonomous and independent.