Karnataka: You can file graft cases at police stations

The order will stay till Anti-Corruption Bureau stations are set up in each district, says DG&IGP.

Update: 2016-03-30 21:52 GMT
There are around 700 police personnel working in the Lokayukta department, handling 750 pending cases.

Bengaluru: After criticism that the state government has left complainants in the lurch by paralysing the Lokayukta, state DG&IGP Om Prakash on Wednesday issued standing orders to all the 965 police stations in the state to accept complaints under the Prevention of Corruption (PC) Act until the Anti Corruption Bureau (ACB) police stations start functioning fully.

Mr Om Prakash said that complainants can approach any of the 965 law and order police stations across the state, till the ACB stations are set up in each district.

The Karnataka High Court on Tuesday criticised the state government for crippling the Lokayukta and for its haste in constituting the ACB.

Meanwhile, there was confusion at the newly formed Anti Corruption Bureau as the state police department has sent back the government order seeking three-point amendments.

“There is an ambiguity on the control of the ACB. However, as per Section 3 of the Karnataka Police Act (1963), there should be one police force for the entire state and the DGP is the head of the force. The Bureau, comprising police officials, should also be under the head of the police force,” he said.

“I had written to the state government with a proposal to set up the ACB based on the court orders. The courts have been observing that the Lokayukta or Upalokayukta could not direct investigation to the Lokayukta police under the PC Act. It is not a sudden decision and it was taken over frequent internal discussions on the functioning of the Lokayukta police, which cannot be disclosed. Now, I have written to the government to consider three modifications in the government order,'' he said.
 
Police stations empowered to register PC cases
Announcing the formation of ACB, Mr Om Prakash said that the state government has sanctioned the formation of 30 police stations in each district across the state exclusively for ACB.

No dilution of Lokayukta
The Lokayukta will not be diluted with the formation of ACB, as the Lokaukta police will function and register cases under the Karntaka Lokayukta Act.

There will be a police force in the Lokayukta which can assist and investigate the cases under Lokayukta Act. But it cannot investigate cases filed under PC ACT since ACB is the competent authority to deal with such cases, Mr Om Prakash said.

The initial confusion over the dual role of the police, which prevailed in the past for many years, has been resolved, he clarified.

Aim is for first class organisation
Mr M.A. Saleem, the newly appointed Inspector General of Police for ACB, said, “The government aims to make the ACB a first-class organisation, which will work efficiently and effectively.”

Recommendations
To remove the clause of prior permission of competent authority before registering an FIR

To change the administration control of the ACB police station from Department of Personnel and Administrative Reforms to the Home Department through DG&IGP

To remove the clause of reviewing power of cases probed by ACB from Advisory Board consisting bureaucrats, to DG&IGP

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