Bengaluru: Additional Director General of Police and Inspector General of Prisons Kamal Pant, who is heading the government-constituted special investigation team (SIT) to investigate the internal corruption scam in the Lokayukta has identified his team officers and has written to the government to depute them to the SIT.
Refusing to disclose his team members and the strength of the team Pant said that he has written to the government regarding the officers and is awaiting their approval. “Work will start only once the team is constituted,” he said.
Meanwhile, there are concerns being raised whether the SIT will be able to deliver justice given the fact that police department along with other government departments comes under the Lokayukta. "The investigation should be supervised by the court and the government should seek High Court supervision in the SIT investigation for free and fair probe. The team should be given a free hand," said an officer on condition of anonymity.
HC Stays probe
The High Court on Wednesday had stayed an inquiry being conducted by the Lokayukta police into the corruption charges against some of its unidentified officials. The stay is also effective on the FIR, which was registered on Wednesday by the SP, Lokayukta police (City wing) against Lokayukta's son Ashwin Rao.
The court directive came on a writ petition filed by Ashwin. After the SIT is constituted they will ask for the case file from the Lokayukta police and investigate charges in the FIR, which has been submitted in the designated court.
Legal cell told not to question High Court order
The legal cell in the Lokayukta agency has been allegedly directed by Lokayukta Justice Y Bhaskar Rao not to question the High Court’s stay order directing the Lokayukta police to stop the probe into the corruption case.
Sources in the Lokayukta revealed that the staff of the legal cell was ready to appeal the court, questioning the High Court’s stay order. “In the morning, they received an order from Justice Rao not to go ahead with it, as the government is already set up Special Investigation Team to probe the case,” a sce said
Demand for Justice Rao’s resignation grows
The pressure is mounting on Lokayukta Justice Y Bhaskar Rao to resign, as various organisations held protest in the city on Thursday, demanding his resignation. The activists of Karnataka Rakshana Vedike held a protest at Gandhi statue at Anand Rao Circle. As they started moving towards the Lokayukta office, the police arrested them near the Freedom Park. Also, members of the woman’s wing of the KRV held a protest in front of the Lokayukta office.
Meanwhile, several advocates led by senior advocate K.N. Subbareddy went to the Lokayukta office to meet the Lokayukta to demand his resignation. As Justice Rao was not there, the advocates went to his official residence but were stopped by the police. The advocates demanded that Justice Rao should step down and face investigation.
Meanwhile, members of Aam Aadmi Party (AAP) held a press conference and demanded that the state government should refrain from constituting ad hoc, improper and illegal investigation mechanisms and use the CBI instead.
They also requested that all the cases in Lokayukta in which Justice Rao has passed orders, whether criminal or other directions such as disciplinary action etc, against the state government servants should be reopened and fresh inquiry should be done by the new incumbent.
The criteria should focus on transparent appointment procedures and on the integrity of the persons considered for holding the offices of Lokayukta and Upalokayukta.
No provision to impeach Ayukta: CM
Chief Minister Siddaramaiah on Thursday clarified that there was no provision in the Lokayukta Act for impeachment of Lokayukta, following demand by BJP and Janata Dal (Secular) members for impeachment of Lokayukta Justice Bhaskar Rao who was facing corruption charges.
Replying to members in the State Legislative Council here, he said, however, there was provision in the Lokayukta Act only for the removal on the grounds of misbehaviour and incapacity provided concrete evidences in this regard.
But in the case of Bhaskar Rao, there were no allegations directly against him or evidences to prove it. “The state government cannot move an impeachment motion against the Lokayukta,” he added.
The Chief Minister said that the Lokayukta could be removed as per Judges Inquiry Act of 1968 that too only if he/she on the charges of misbehaviour and incapacity. Opposition Leader K S Eshwarappa dared the state government to impeach the Lokayukta failing which the Bharatiya Janata Party would move a motion to this effect
What Opposition says...
The opposition BJP, under whose dispensation Justice Rao was appointed, is however gunning for his blood. “Though Justice Rao was appointed in my tenure, it was his (Bhaskar Rao) responsibility to uphold the dignity of office of Lokayukta. Why did he allow his son to operate? Why this mess? He was appointed by the five member committee which included then opposition leader and the incumbent chief minister Siddaramaiah, the presiding officers of both the Houses of state legislature and the then law minister. Following a committee decision, then Governor H.R. Bharadwaj cleared the name. So the appointment of Lokayukta was not a unilateral decision of my government,” former chief minister and opposition leader Jagadish Shettar said adding that it was his duty as public representative to raise the issue and demand his resignation when so much has happened.
Why Congress defends Rao and why BJP wants him to go..
There are two variations on the reasons that the ruling Congress party is taking a stand on the Loakyukta continuing in office. A senior minister, who refused to go on the record, maintained that unless the government got a SIT report, it could not speak against the Lokayukta in public. “The opposition may level allegations. We are in government. The Lokayukta is an independent autonomous institution. Now that we instituted an inquiry, as a government we have to wait till the report comes in," the minister said.
With the whispers suggesting that sons of senior ministers were involved in various scams which the Lokayukta seized of the matter a very senior MLA of the ruling party alleged: "The government has to protect Justice Rao and as a quid pro quo, he can protect the ministers and their children."
How it unfolded
- April 20 Krishnamurthy, Executive Engineer in Zilla Panchayat, Bengaluru Urban, gets a call from one, Krishna Rao, who claimed as secretary of Lokayukta Justice Y Bhaskar Rao, and allegedly asks the officer to come to the Lokayukta’s of cial residence on Sankey Road.
- April 21 Mr. Krishnamurthy reportedly meets Krishna Rao and Ashwin Rao in the Lokayukta’s residence in the evening. Krishna Rao tells there are many complaints against the official with the Lokayukta.
- April 25 Again Krishna Rao calls the official asking him to meet him in a five-star hotel on Race Course Road. In the hotel, Krishna Rao allegedly demands 'One crore so that the Lokayukta police won’t act against him.
- May 7 Mr. Krishnamurthy meets Lokayukta SP Sonia Narang and gives an oral complaint about the incident.
- May 9 SP Sonia Narang writes to the Lokayukta Registrar apprising him about the allegations.
- June 9 Justice Rao orders IGP (Loka yukta) to conduct an enquiry into the case.
- June 23 Upalokayukta Justice Subhash B Adi directs SP Sonia Narang to probe into the matter.
- June 26 Justice Rao transfers the case to the CCB for further probe.
- June 28 Justice Rao writes to government to appoint any other independent agency to conduct enquiry into the alleged corruption as CCB head explains that a case against his father-in-law was pending with the Lokayukta agency
- 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
