Lokayukta: a hot seat best left unfilled!

Y Maheswara Reddy | NT

If the delay in finding suitable persons for the post of Karnataka Lokayukta and Upa Lokayukta is any indication, it seems the state government, be it the Congress or JD(S) coalition or even the BJP, is not in favour of ombudsmen for Karnataka. The state government took more than two years to appoint an Upa Lokayukta, during which long period the post lay vacant. Lokayukta Justice P Vishwanath Shetty retired on January 27 this year, and the state government has not taken any initiative to fill the vacancy even after two months.

Generally, the chief minister has to appoint the Lokayukta after consulting leaders of the Opposition in the Legislative Assembly and Legislative Council, speaker of Assembly, chairman of Legislative Council, and the Chief Justice of the High Court of Karnataka. A retired Supreme Court Judge or a retired Chief Justice of the High Court or a person who served as Judge of the HC for 10 years is eligible for selection to the post of Lokayukta.

It is also a known fact that it has been a habit for politicians to speak in favour of Lokyukta while in Opposition and conveniently and completely forget about the existence of Lokayukta when their political party is in power. For example, it was the Congress leaders who made a lot of noise against inaction of the government on a Lokayukta report on illegal mining in Bellary district. Ironically, it was the Congress government that established the Anti-Corruption Bureau (ACB) ostensibly weakening Lokayukta. The BJP government led by BS Yediyurappa and his successors made promises to strengthen the Lokayukta by disbanding the ACB. As expected and like any other assurance, the promise of strengthening the Lokayukta remained just that, a promise.

“As of now, Lokayukta is a redundant entity. I don’t think it will regain its lost glory even after appointing a retired judge as the Lokayukta because its image got dented during Justice P Vishwanath Shetty’s tenure. He did nothing. I think the state government wants to protect its officers by delaying filling the vacancy for the post of Lokayukta who has the power to inquire and prosecute government officials for dereliction of duty,’’ opined Karnataka Rashtra Samithi president Ravi Krishna Reddy, while speaking to News Trial.

Coming down heavily on the state government for the delay in filling the vacancy for the post of Lokayukta, Sai Datta, a social activist, said that the Lokayukta is authorised to receive complaints against government officers drawing a salary of over Rs 30,000 per month. “The Upa Lokayuktas are not authorised to inquire or recommend prosecution of corrupt government officials whose salary is above Rs 30,000. I suspect government officials’ influence on the state government to delay the appointment of Lokayukta,’’ said Sai Datta, who filed a public interest litigation (PIL) in the High Court of Karnataka seeking a direction to the state government to give its nod for the Lokayukta to prosecute government officials involved in corruption.

According to reliable sources, around 900 cases are pending with the Karnataka Lokayukta since the state government did not accord consent to prosecute government employees allegedly involved in corruption. Sai Datta blamed the politicians for weakening the Lokayukta by delaying the nod to prosecute corrupt government officials under Section 1,291, 12(3) of Karnataka Lokayukta Act 1984. “There is no dearth of retired Supreme Court Judges or retired High Court Chief Justices or judges of the HC who have served for more than 10 years. I want the state government to select a suitable person for the post of Lokayukta without any more delay,’’ he said.

Meanwhile, a Lokayukta official, on the condition of anonymity, suggested converting Karnataka Lokayukta Office into a government hospital. “Lokayukta has become a refuge centre for a few government officials and also for the so-called RTI activ