The decision of the Congress Government in Karnataka led by Chief Minister Siddaramaiah to create four wings, the Anti-Corruption Bureau, Vigilance Wing, Vigilance Cells and Vigilance Advisory Board, while taking away the powers of the existing lokayukta police wing under the Prevention of Corruption Act, has hit the last nail in the coffins of Karnataka lokayukta.
A Government order issued clearly states that the Anti-Corruption Bureau to report to the Home Minister; and Home Minister in turn comes under the Chief Minister dismantling the functioning of the Karnataka lokayukta, which was once role model in the country. The creation of the new wings giving power to police under Home Ministry dismantles the powers of anti-corruption watchdog.
However amid stiff opposition by BJP accusing the ruling Congress in Karnataka of allegedly trying to ‘kill’ the independent lokayukta institution by setting up Anti-Corruption Bureau (ACB) without debate, Chief Minister Siddaramaiah on Tuesday allayed fears saying that the ACB was not intended to curtail the powers of the anti-graft institution.
Siddaramaiah however clarified that the ACB was not being formed to undermine lokayukta institution, nor to curtail its powers. He told the reporters lokayukta will remain an independent institution and no Government can curtail its powers, be it in Karnataka or elsewhere.
“We are setting up ACB to independently inquire into corruption charges and it was based on an advise by the Supreme Court. While lokayukta police will work under the lokayukta, the ACB sleuths would conduct inquiries independently in other cases of corruption to speed up investigation. This will in not in any manner curtail the powers of the lokayukta,” he asserted.
The State Government in a notification issued stated that the ACB was formed to exclusively investigate the offences under the Prevention of Corruption Act against Government officials. This power hitherto was rested with the Police-wing of the lokayukta, which also comes under the State Government.
While, the police wing of lokayukta will now exclusively assist lokayukta and Upalokayuktas in carrying out their responsibilities under the Karnataka lokayukta Act (KlA), 1984, the ACB will independently carry out investigation in corrupt cases and charges filed against the Government officials.
Former law Minister and BJP spokesperson S Suresh Kumar condemned the State Government’s move saying that it was trying to bury the lokayukta institution as it was against an independent watchdog that had effectively fought against corruption in Government offices.
“It is understandable that how and why the Congress brought a Government order without initiating a debate in the legislature in setting up the ACB.” “When Karnataka had a strong lokayukta institution in place for decades that had remained a model for the entire country, where was the need to form such an ‘official set up’ like an ACB,” he asked.
Karnataka had heralded the lokayukta Institution under former Chief Minister late Ramakrishna Hegde and it had been emulated by some other States. The lokayukta institution had received all round appreciation with eminent former Judges like Justice N Venkatachala and Justice N Santosh Hegde heading it over the years.
However the institution had recently been criticised over the allegation of corruption under the recent incumbent Justice Y Bhaskar Rao.
The ACB according to the Government order would be headed by a police officer of the rank of ADGP. The Government last year had tried to separate the police wing of the lokayukta through the legislation route, however it withdrew the same after public outcry.
Former lokayukta Justice Santosh Hegde came down heavily on this order and said this was completely unjustified and detrimental to the interests of State. “What makes this Government take away the powers under the Prevention of Corruption Act from the lokayukta police and giving it to another ACBIJ There should be some reason to justify a change in the system,” Justice Hegde said.
“Now if you take away the powers of the lokayukta police to fight corruption, then they are not good at all. It’s as good as taking them back as they are of no use at all” he added.