Karnataka HC order raises hopes of Lokayukta's return to its glory days

With the Karnataka High Court abolishing the Anti-Corruption Bureau (ACB), the police wing is again being merged into the Lokayukta institution as per directions. The ‘toothless’ tiger is thus becoming powerful again. The HC decision is an important milestone in the history of Lokayukta in Karnataka which has seen many ups and downs till now.

Those who have left a mark on the four-decade-old institution in the state include four former chief ministers — Devaraj Urs, R Gundurao, Ramakrishna Hegde and Siddaramaiah.

Nationally, it was in 1956 that Morarji Desai-headed Administrative Reforms Commission recommended to the Union government the setting up of Lokpal at the Centre and Lokayukta in the states under the Problems of Redressal of Citizens Grievances.

In Karnataka, the Lokayukta Ordinance Bill was tabled in the legislative assembly by Devraj Urs of the Congress and retired Chief Justice of Rajasthan High Court, Justice C Honnaih, was appointed as the first Lokayukta. Two years later, in 1981, R Gundurao, also of the Congress, became the chief minister and abolished the institution.

Also read: Paper tiger sans teeth: Why Karnataka HC abolished ACB, batted for Lokayukta

The institution came back into being during the regime of Ramakrishna Hegde, who introduced the Lokayukta and Upa-Lokayukta Bill in 1984 as part of the Janata Party’s election promise. Later, Siddaramaih separated the police wing from the institution to form the Anti-Corruption Bureau.

Karnataka’s Lokayukta Act provided for the appointment of one Lokayukta and one or two Upa-Lokayuktas to investigate and report on matters relating to public servants. Public servants who came under the ambit of the Act included the chief minister; all the ministers and MLAs; all officers of the state government; chairman and vice-chairman of local authorities, statutory bodies or corporations established by or under any law of the state legislature, including co-operative societies; persons in the service of local authorities, corporations owned or controlled by the state government, or a company in which not less than 50 per cent of the shares are held by the state government, or societies registered under the State Registration Act, or co-operative societies and universities established by or under any law of the legislature.

Three wings

Lokayukta had an Enquiry Wing, a Technical Audit Cell and a Police Wing. The Enquiry Wing consists of judicial officers and prosecutors/presenting officers. The Technical Audit Cell consisted of engineers and auditors who conducted investigations referred to them by Lokayukta or Upa-Lokayuktas in matters which required expert examination, such as allegations of execution of sub-standard works by public servants, misappropriation of money, etc.

The Police Wing dealt with cases registered under the Prevention of Corruption Act 1988. It also assisted the Lokayukta and Upa-Lokayuktas in investigating complaints registered under the provisions of the Karnataka Lokayukta Act 1984, as and when referred to it by the Lokayukta or Upa-Lokayuktas.

The Police Wing of Lokayukta not only helped in conducting raids, but also in registering cases and filing chargesheets against the corrupt and taking the case to a logical end by filing it before the court for trial.

The Act also empowered the Lokayukta and Upa-Lokayuktas to initiate suo moto investigations into public grievances and allegations. In a large number public interest cases in the past, Lokayukta and Upa-Lokayuktas have initiated suo moto investigations and appropriate steps have been taken to redress the grievances of the general public.

Lokayukta with teeth

Lokayukta started making headlines in Karnataka after former Supreme Court Justice N Venkatachala was appointed as its head by former chief minister SM Krishna. Under Venkatachala, the Lokayukta aggressively acted against corrupt officials.

Venkatachala revamped the working of Lokayukta. He used the powers of Upa-Lokayuktas to initiate a probe and raids. Due to his proactive approach, the number of complaints the office of Lokayukta was receiving dramatically increased from 20–25 per day to 200–250 per day.

When the former Supreme Court Justice N Santosh Hegde became the Lokayukta in August 2006, during the tenure of former chief minister HD Kumaraswamy, he further raised the status and reputation of the institution. During his tenure, the institution exposed illegal mining in Bellary and cases were booked against former ministers and brothers G Janardhana Reddy, G Karunakara Reddy and G Somashekhar Reddy. It was because of the report of the Police Wing that former chief minister BS Yeddyurappa had to resign and was later arrested. Many other ministers also felt the heat of Lokayukta powers. This reportedly led to a re-think in the political circles about the police powers of Lokayukta.

Siddaramaiah’s act

Former chief minister Siddaramaiah, on March 14, 2016, separated the police powers from the Lokayukta institution. He formed a separate Anti-Corruption Bureau to register and investigate the cases under the Prevention of Corruption Act.

The BJP and JD-S, who were then in opposition, accused Siddaramaiah of making the Lokayukta institution powerless. They also alleged that Siddaramaiah did so to help his corrupt ministers and officials, as the ACB came directly under the home department.

Decision challenged

The government’s move was challenged before the High Court. An interim order was passed that directed that the cases pending for investigation with the Police Wing of Karnataka Lokayukta should not be transferred to the newly formed ACB and shall continue with the Karnataka Lokayukta.

Again, in February 2021, the High Court in its order directed the ACB to forward the copies of all the chargesheets filed by it before various courts with regard to offences punishable under the Prevention of Corruption Act to the Lokayukta.

Nonetheless, over time, the Lokayukta was becoming a toothless tiger while dealing with corruption cases and the ACB was becoming powerful. The ACB attracted allegations of acting upon the directions of the ruling government and shielding its corrupt officials.

High court’s recent observation

The ACB recently hit the headlines for all the wrong reasons. Justice HP Sandesh, during a hearing in the first week of July this year, said he was threatened indirectly with a transfer if he continued to monitor the progress of investigations carried out by the ACB in a case where Bengaluru urban deputy commissioner was involved.

He also said, “Corruption is a cancer; I will bell the cat, even at the cost of my judgeship. I have to protect the independence of the judiciary also”. His strong remarks made the ACB arrest deputy commissioner J Manjunath the same evening. After this incident, there were demands to strengthen the Lokayukta and dismantle the ACB.

These demands found a voice through a public interest litigation (PIL) filed by advocate Chidananda Aras, Advocates’ Association, and social activist SR Hiremath’s Samaj Parivartan community. The PIL challenged the formation of ACB. It was during a hearing of this petition that the High Court on Thursday observed that the ACB was a move to protect corrupt politicians, ministers and officials and to weaken the Lokayukta institution.

A division bench of the High Court, consisting of Justices B Veerappa and KS Hemalekha, opined that the field occupied by the Karnataka Lokayukta Act was eroded by the constitution of the ACB. The bench quashed the government order of 2016 forming the ACB, thereby strengthening the Lokayukta.

Political games

Siddaramaiah, who separated the Police Wing from the Lokayukta, reacted cautiously to the HC order. “We respect the decision of the High Court. Haven’t seen what the order is and will respond after seeing the order. ACB was an independent investigative body. ACB is there not only in Karnataka but also in many states,” said former chief minister Siddaramaiah.

Though the Kumaraswamy’s coalition government and then the BJP government – who succeeded Siddaramaiah’s government – took no proactive steps to restore the powers of the Lokayukta, they have lost no time in targeting Siddaramaiah and the Congress following the High Court order.

Also read: Karnataka HC judge seeks documents on ACB probe; ADGP moves court

With the Assembly elections fewer than a year away, the BJP and JD-S have got a stick to beat the Congress with. Former chief minister and JD-S leader HD Kumaraswamy explained his inaction by saying: “The Congress government established the ACB to protect itself from many allegations. I could not abolish ACB, as I was running a coalition government with the Congress.”

CM welcomes order

Karnataka Chief Minister Basavaraj Bommai welcomed the High Court order and took the opportunity to put Siddaramaiah in the dock: “BJP in its poll manifesto had promised to scrap the ACB, which was formed by the then Congress government headed by Siddaramaiah in 2016. The High Court gave its decision regarding the ACB we will take further steps after discussing the cabinet.”

On Friday, Bommai chaired a cabinet meeting and discussed the High Court decision. It is said that the meeting did not take any decision, but many ministers expressed their views about following the High Court order.

After the cabinet meeting, Bommai had a discussion with advocate-general Prabhuling Navadagi about merging the police wing again with the Lokayukta.  Sources said the government will follow the order and give the Police Station status to the Lokayukta. Moreover, this will also help the CM to take a dig at the Congress for diluting the institution of Lokayukta.