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Investigation into rampant illegal mining in the state which took place between 2008 and 2011 picking up pace. For the first time after its two reports on illegal mining were submitted, the Lokayukta was directed to probe the alleged involvement of officials of the Department of Mines and Geology in the scam.

The Director of Mines and Geology had sent a proposal on September 3 to the state government asking it to transfer the case related to the alleged role of officials in illegal mining to the Lokayukta. Accepting the proposal, the government directed the Lokayukta on October 8 to conduct a probe into the alleged role of seven officials of the department.

For the full report in the New Indian Express, click here.

So, here apparently, the Director of Mines and Geology had taken cognisance of the LokAyukta report, and forwarded it the government, which thereafter ordered the probe. I expect a further permission from the government will not be required for prosecution proceedings if the allegations are found to be true.

Actually, the LokAyukta report was there long enough with the earlier government too. But, it chose not to do anything about it since many of its own lot were named in it. However, the mining scam being amongst the foremost issues on which Congress fought and won the state elections, the present Congress government had to be seen to be doing something about it, since besides only a dispensable Santosh Lad, amongst its lot, had some role in the scam. And, hence the action.

The moral of the story apparently is that the LokAyukta's efforts can bear fruit only if the government of the day chooses to nail its opponents, or is forced to do so through concerted public opinion, like through the elections. Without that, LokAyukta's reports will generally gather dust.

In the Anil Kumar & Ors. Vs. M.K. Aiyappa & ANR case, though the LokAyukta had completed the probe, and its court had established the guilt, sentenced the guilty to prison terms, and the guilty had served part of the sentence too, the Higher Courts decided the procedures were not in order, since government's permission had not been taken. Resulting out of this order of the Higher Courts, I expect, the LokAyukta will not entertain complaints from private persons any longer. This amounts to total emasculation of the LokAyukta's powers.

If I understand correctly, this is one of AAP(Aam Admi Party)'s main planks in the forthcoming elections. It's doing well can help correct this debilitating anomally. The Civil Society as a whole could take note.

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Lokayukta Justice Y Bhaskar Rao on Wednesday sought an amendment to the Prevention of Corruption Act with regard to sanction for prosecution. He said the sanction for prosecution clause was recently removed in cases of crimes against women.

“The Criminal Laws Amendment was approved recently. A sub-section has been added to Section 197 of the CrPC so that no sanction shall be required in case of a public servant accused of any sexual violence and assault against women. The same can be done with Section 19 of the Act,” Justice Rao said.

The Lokayukta police have been waiting for prosecution of sanction against 94 officials for some time now. He said he has written two letters to the Chief Secretary to speed up the sanction process.

“It is a set rule even in the Supreme Court that any request for prosecution sanction order should be disposed of within two months. If there are some queries, the concerned authority can take one more month’s time,” he said.

Former Lokayukta Justice N Santosh Hegde pressed for an amendment to the Act while speaking at the Lokayukta Day recently.

He said several SC judgments have clarified that Section 197 of CrPC (sanction for prosecution against a government servant) was not akin to Section 19 of the Act.

Section 19 mandates sanction from competent authority before prosecuting a government servant in cases of corruption.

For the full text of the report in the New Indian Express, click here.

This is another area where the Civil Society needs to pursue needful action from the government, jointly, perhaps even more vigorously than it has done here

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For the third time in over 25 years of legal wrangling, a Supreme Court constitutional bench on Tuesday gave CBI freedom to proceed against senior bureaucrats of the rank of joint secretary and above found involved in corruption cases.

For the full text of the editorial in the ToI, click here.

However, as has been pointed out by Srivatsa Krishna, IAS, vide the excerpts from his column in the ToI reproduced below (full text accessible here), "prosecution" still needs government sanction:

One protection is that government's sanction is needed for prosecution of all public servants (Section 19 of Prevention of Corruption Act, 1988). This provision remains and is not affected by the latest judgment. However, even the mere launching of an inquiry by CBI has these days become a matter of much public comment in the media and so can be damaging to an officer who may actually be honest.

And, beyond that, he suggests

One approach could be to provide that, while CBI has a right to start investigations without sanction, the officer being probed should also have the right to approach an independent agency like CVC and/or Lokpal and present his side of the story. They in turn should have the power to quash an investigation after hearing the officer if he chooses to challenge the inquiry. Another could be that, as in the case of rape victims, media should not publish the names of public servants at the preliminary inquiry stage.

Fair enough. Now, if a CBI enquiry establishes a strong enough ground for prosecution, but the government refuses to sanction prosecution, will it at least make public the reason for the same in a time-bound manner?

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Ashwin claimed Lokayukta SP Sonia Narang had sought his help to get a posting in the anti-corruption agency. “She met me thrice and all meetings were at the Lokayukta’s official residence. Once, she had come with one Narasimha Murthy and twice, she was accompanied by her husband,” he said.

When contacted, Narang  admitted the meetings took place at the Lokayukta’s residence in September and October 2014. “I did not go there on my own. In fact, I got a call that the Lokayukta would like to see me. When I went there, the Lokayukta was not around. Ashwin asked me if I would like to be posted in the Lokayukta. I said I was willing to work wherever the government posted me,” she said.

For the full text of the report in the New Indian Express, click here.

The question that arises is what business did the Lokayukta's son, Mr Ashwin, in the first place, have to ask Ms Narang the question as to whether she would like to be posted in the Lokayukta. This by itself has let the cat out of the bag.

The report also mentions that Ashwin "runs a car restoration business. He owns 25 vintage cars, including a 1928-model Chevrolet" - essentially a rich man's business/ past-time. Apparently, in his father getting posted as the Lokayukta, he found a short cut to join the rich man's club.

Well, all of these couldn't have carried on without the knowledge of the father. Both should find place in Parappana Agrahara where the father has been sending others, in the role of the conscience keepers of the state.

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Veteran freedom fighter HS Doreswamy, 97, de scribed Lokayukta Y Bhaskar Rao as a "man with a dead soul". Addressing the protest rally at Maurya Circle near Majestic, Doreswamy encouraged the protesters to continue the fight.

- - - Later, protesters including Doreswamy and former MLA and anti-land grab activist AT Ramaswamy were arrested near Maharani College during the rally and immediately let off. Justice Rao, however, remained conspicuous by his absence and is said to have gone on three-day leave.

For the full text of the report in the ToI, click here.

Absolutely commendable the commitment and spirit displayed by the likes of HS Doreswamy and Just Santosh Hegde (as also AT Ramaswamy) in the fight in the cause of the city and state, inspte of the constraints related to age. The lackadaisical response of the CM obviously raises questions about his complicity.

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