ACB Was Constituted To Shield Corrupt Politicians, Officers From Lokayukta: Karnataka High Court

The Karnataka High Court in its order abolishing the Anti Corruption Bureau, has observed that the very Constitution of ACB by the Government is to shield the Corrupt politicians, Ministers, and the officers from the watchful eyes of the Lokayukta and that Government is weakening the institution of Lokayukta to protect these persons from prosecution, inter alia under the provisions of the Prevention of Corruption (PC) Act. A division bench of Justice B Veerappa and Justice K S Hemalekha in its 289 pages judgment noted that the Director General and Inspector General of Police ('DG & IG' for short) by a letter dated 3.2.2016 addressed to the State Government, has proposed the creation of an Anti Corruption Bureau in the State, due to the necessity of modifications required so as to enforce PC Act, keeping in perspective the judgment of the Hon'ble Supreme Court in the case of C. Rangaswamaiah. On going through the government order dated 14.03.2016 constituting the Bureau, the bench said,"On meticulous perusal of the aforesaid reasons, it is not forthcoming as to why the DG & IG recommended to withdraw the notifications dated 6.2.1991 8.5.2002 and 5.12.2002 that had given the Lokayukta Police, the powers to investigate under the provisions of PC Act and had declared the offices of Police Inspectors of Lokayukta as Police Stations under the provisions of Section 2(s) of the Code of Criminal Procedure." Further it said ,"The impugned Government Order merely depicts that the Government has realised the necessity of a strong and effective vigilance system, in addition to Karnataka Lokayukta to improve the quality of administration and created an ACB, thereby indirectly diluted the independent effective functioning of the Karnataka Lokayukta, which is a matter of utmost importance." The bench observed, "If really the State Government wanted to maintain the independence of the Lokayukta", it could have strengthened the hands of Lokayukta by giving more independent power or allowed the ACB to work under the Lokayukta to eradicate the corruption, favouritism and official indiscipline in administrative machinery in the entire state, in the interest of Government and in the interest of general public at large." It added, "Though the KL Act prescribes to take action against any public servant as contemplated under Section 2(12) of the KL Act, it is not forthcoming in the present impugned executive order as to who is the authority to take action, in case DG & IG involved in corruption, favouritism and official indiscipline in administration machinery. So also in case the Hon'ble Chief Minister, a Minister, a Member of the State Legislature are involved or in case 'Secretary' i.e., Chief Secretary, an Addl. Chief Secretary etc., are involved, there is no power or authority in the impugned executive order to take action against such persons." It then opined ,"On careful perusal of the impugned executive Government Order, it also clearly depicts that the "Hon'ble Chief Minister is the supreme" and absolutely there is no independent application of mind by the State Government before passing the impugned executive order and the same is based only on the recommendation made by the DG & IG, thereby the executive order passed by the State Government cannot be sustained." The court the noted It is not the case of the State Government that the Karnataka Lokayukta Police Wing, which is working under the control of the Lokayukta under the provisions of Section 15(3) of the KL Act not effectively implementing the provisions of the PC Act nor it is the case of the Government that any general public lodged complaints against the functions of the Lokayukta or its Police Wing. It is also not the case of the State Government in the impugned executive order that the Lokayukta or an Upa-Lokayukta expressed any inability to discharge their functions under the provisions of PC Act or expressed that it is an additional burden. The bench then held, "In the absence of the same, it is the State Government which has passed the impugned executive order, in exercise of the powers under Article 162 of the Constitution of India mainly based on the recommendation made by the DG & IG, without independent application of mind. Thereby, the impugned order erroneous and contrary to the provisions of K.L. Act." ACB Not a powerful Independent Body The bench said it is not the case of the State Government that ACB is a powerful independent body headed by any former Supreme Court Judge, in order to curb corruption, favouritism and official indiscipline in administration machinery, in addition to Lokayukta. It observed ,"If really the Government intends to curb corruption, favouritism and official indiscipline in administration machinery, the ACB should have been allowed to work under the control of Lokayukta as ...

ACB Was Constituted To Shield Corrupt Politicians, Officers From Lokayukta: Karnataka High Court

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