In a serious setback to ruling Congress Government led by Chief Minister Siddaramaiah, Karnataka High Court on Thursday virtually stopped the working of the Anti-Corruption Bureau (ACB) which was expected to weaken the lokayukta.
A Division Bench comprising Chief Justice Subhro Kamal Mukherejee and Justice Ravi Malimath passed the interim order on the petition filed by Chidananda Urs BG, a city-based advocate and said that the corruption cases being investigated by the lokayukta and pending sanction for prosecution should not be transferred to the newly-constituted ACB. The court also observed that actions taken by the ACB will subject to result of a PIl petition, which has questioned the constitution of the ACB. The Bench will hear the matter again on Tuesday.
Established in 1984, the Karnataka lokayukta was once considered to be one of the country’s strongest anti-corruption bodies. But a series of recent controversies have cast a shadow over the institution.
The establishment of the Anti-Corruption Bureau by Siddaramaiah on March 14 has been opposed by Opposition BJP and JDS. Former lokayukta justice Santosh Hegde and other prominent citizens have criticised the move of the Government to establish ACB which destroys independence of lokayukta and its powers.
The Anti-Corruption Bureau will take over prosecuting powers from the police wing attached to the lokayukta, essentially leaving the anti-corruption body without any powers of prosecution. All complaints the lokayukta police was examining so far will also move to the Anti-Corruption Bureau – many of which include complaints against the Chief Minister and his bureaucrats.
Since the Anti-Corruption Bureau reports to the State Government, many feel that the Chief Minister will now be the investigator, judge and jury in corruption cases that may involve him or his colleagues in government.
However Chief Minister Siddaramaiah who undertook a padayatra to Bellary to protest against the corruption of the then BJP Government has defended the creation of ACB on the floor of the house and said it will not destabilse the lokayukta institution.
Siddaramaiah said with the creation of ACB his Government had only tried to correct an “anomalous situation’’ that was turning out to be legally untenable in the wake of a Supreme Court judgment.
The formation of ACB has attracted widespread protest by political parties including Opposition BJP, JD(S) Aam Admi Party (AAP) and other organisation. Intellectuals including former Supreme Court Judge Justice N Santosh Hegde, veteran freedom fighters are also against formation of ACB.