Govt set up ACB to clear hurdle for SR Nayak's appointment as Lokayukta?

Bengaluru, Mar 17: Even as the State government is facing the heat from civil society and legal experts over setting up of the Anti-Corruption Bureau (ACB), it has come to light that the Raj Bhavan had asked the Lokayukta police about the status of the complaint against Justice S R Nayak, who was recommended for the post of Lokayukta by Chief Minister Siddaramaiah.

Raj Bhavan had sent communication to various departments, including Bangalore Development Authority, BBMP and Lokayukta police, seeking reactions in the wake of allegations against Justice Nayak. Janaadhikaara Sangharsha Parishath, an NGO, had filed a complaint to the Additional Director General of Police (Lokayukta) Dr S Parashiva Murthy accusing Justice Nayak of violation of house building society bye-laws and the Registration Act. He has also been accused of making a false statement in the sale deed and possessing assets disproportionate to his known sources of income.

A senior official from the Lokayukta police said the communication from Raj Bhavan was received last week and a reply was sent immediately. The complaint against Justice Nayak was filed on January 13, 2016. Meanwhile, social activists suspect that the State government's decision to take away the Prevention of Corruption Act from the Lokayukta police was to clear the way for Justice Nayak's appointment as Lokayukta.

Social activist S R Hiremath said: “I suspected this and setting up of the ACB?are serious indicators of the state government's objective. First, Siddaramaiah knocked off former Supreme Court judge Vikramjit Sen's candidature, which is evident from Justice Sen's letter to Law Minister T B Jayachandra.

On the other, he transferred the complaint against Justice Nayak to the ACB. Now, technically the complaint against Justice Nayak is not before the Lokayukta police but before the ACB. With one stroke, the Chief Minister had achieved many objectives.''

He said the government wrongly interpreted the Supreme Court order in the Ramaswamaiah case by ignoring the vital readings of the order.

“The Ramaswamaiah order was pronounced in 1998. It is a surprise how and why the DG&IGP woke up 18 years after this judgment. In the last para of this judgment, the Supreme Court said that Lokayukta must be armed with proper teeth and claws so that the efforts put in by them are not wasted. The Government has done exactly the opposite,'' Hiremath said.

Clarification on order

The State Government on Wednesday said the provision, in its order setting up of ACB, for prior sanction from the competing authority before starting the investigation, has been wrongly interpreted by the media. The Government Order said, “ACB cannot take up investigation against a public servant without prior sanction in connection with his official work, recommendation and decisions.''

The clarification said that this was not applicable to disproportionate assets and trap cases, but only pertaining to official work of a public servant. “This was included to instil confidence among public servants to discharge their official duties fearlessly. Hence, this protection has been given to government employees. This proposed amendment to the Prevention of Corruption Act is pending before Parliament,'' the clarification stated.

752 pending cases

The Government Order on setting up theACB states that all pending cases under the Prevention of Corruption Act with the Lokayukta will be transferred to ACB. A source said there are 752 such cases pending across the State. This include 253 cases of Disproportionate Assets, 169 cases of trap and 330 others (suo motu and court referred cases).