The Bangalore Metro Reporter
DODGING THE WATCHDOG!
HC CRITICES GOVERNMENT FOR NOT APPOINTING LOKAYUKTA, GIVES DEADLINE
The High Court has strongly criticised the state government for not appointing the Lokayukta which is vacant since September last year. With a headless Lokayukta, the anti-corruption body has become defunct, with Upa Lokayukta Justice Majige functioning as the Lokayukta. Just to cover up the absence of the Lokayukta, the Lokayukta police are in the news by conducting raids on few officials and netting some prize catches.
The HC gave a few days time to the government to start the Lokayukta selection process. But, the government however, is dragging its feet in appointment after the then Chief Minister B.S.Yeddyurappa was forced to resign over the Lokayukta Santosh Hegde’s report on mining scam.
Santosh Hegde retired on August 2nd and Yedurappa had already appointed former Supreme Court Judge Shivaraj Patil as the new Lokayukta, who but had to resign in September over his land scandal. By then, Yedurappa had also become ex-CM replaced by DV Sadananda Gowda who then recommended Justice Bannurmath to the post, but, the Governor rejected the recommendation as Bannurmath too had a history of site scam.
In the meanwhile, Sadananda government sponsored Justice Chandrashekaraiah to the second Upa-Lokayukta post which was questioned in the High Court. The High Court quashed the appointment of Chandrashekaraiah as the Upa Lokayukta and even laid down guidelines to the government for appointment of Lokayukta and Upa Lokayukta.
As per the HC guidelines, the Chief Justice of the High Court will recommend a name for the Loka/Upa Lokayukta post. The name should be cleared by a panel consisting of Chief Minister, Leaders of opposition in the Assembly and Council and the Presiding officers of the Assembly and Council. If they do not agree on the name recommended by the Chief Justice, then another name has to be sent to the panel. To simply put, it is the Chief Justice whose selection is final. The selection panel has no power except to reject the recommendations and requesting the CJ to send another name.
On the face of it, the guidelines by the HC has completely changed the selection process. Till then, the Loka/Upa Lokayukta was appointed by the Chief Minister after consulting the CJ, leaders of opposition and presiding officers of the two houses. In this process the decision of the Chief Minister was final. He may agree to the recommendations of the other members including CJ or choose his own nominee. In fact, after Shivaraj Patil’s resignation, Sadananda refused to call the meeting of the panel members and asked them names of their choice. For courtesy sake, he requested the CJ to suggest names and finally chose Bannurmath to the Lokayukta post which was rejected by the governor who asked him to suggest another name.
Before Sadananda could zero on the alternative, the HC quashed the appointment of the Upa-Lokayukta Chandrashekaraiah. Further, its guidelines empowered the CJ as the final authority over the appointment of Lokayukta and Upa Lokayukta which is definitely a bad news for the political authority of the government. Naturally, the government has appealed against the judgement and guidelines of the HC to the Supreme Court which will hear the matter in a few days.
On the contrary, the HC order came as a blessing for the Sadananda government which deferred the Lokayukta appointment on the plea of the appeal in the Supreme Court. Their only excuse was that they are not agreeable to the HC guidelines and will wait for the SC order in this regard. The government took a long time in filing the appeal in SC. Had the government wanted, it would have requested the SC for an urgent hearing as the appeal is in regard to the appointment of head of the anti-corruption body. The SC also would have obliged as it involves official fight against corruption.
During Yedurappa’s regime, Karnataka was ranked No.1 in the country for its glorious corruption level. More than a dozen ministers are facing Lokayukta probe and even during the Sadananda rule, the corruption continued but with some checks. Allegedly, Sadananda being personally honest, did not clear major ‘revenue earning’ files of few ministers which eventually led to his removal as the CM replaced by Jagadish Shettar, the personal choice of Yedurappa.
The caste factor too played a major role in the appointment of Lokayukta/Upa Lokayukta. Even before Santosh Hegde retired, Yedurappa had appointed lingayaths Shivaraj Patil and Majige as the Lokayukta and Upa Lokayukta respectively. When Shivaraj Patil resigned, another lingayath Bannurmath was proposed, but was rejected by the Governor. In fact, the government was adamant that it is Bannurmath or nobody. The state BJP President KS Eswarappa abused the Governor bluntly telling him to clear the name or get out of Raj Bhavan, but the governor stood his ground.
The other day, the HC took serious view of the government’s inaction and brushed aside the government’s stand of waiting till the SC gives order. The HC gave deadline of 48 hours to start the Lokayukta selection process. In the meanwhile, Santosh Hegde also threatened to undertake ‘fast unto death’ demanding the appointment of the Lokayukta. But, the CM Jagadish Shettar is equally adamant in not appointing the Lokayukta, come what may, till such time, an accommodative person is found.
Arguably, despite the HC deadline, Jagadish Shettar can still delay the process. Jagadish Shettar can start the selection process to please the HC and avoid contempt and can send a request to the CJ for suggesting a name. Assuming that the CJ responds immediately, Jagadish Shettar can delay the process of consultations and approvals with the other panel members. Meanwhile, the BJP’s which has best legal brains may approach the SC for further delaying the process. If it succeeds in delaying the process for another four months, it can further postpone it saying it is election time.
True, the HC can pass severe remarks against the government for not appointing the Lokayukta, but it cannot appoint the Lokayukta on its own. It cannot even direct the Governor to appoint Upa Lokayukta. In the existing Act, the Governor cannot appoint the Lokayukta. At the maximum he can reject the recommendations and ask for another name. Finally, the decision lies with the political authority. What one can do if the politicians in power are out to delay the appointment? There is no statutory provision for appointment of the Lokayukta or Upa Lokayukta before the incumbent retires. During Venaktachala’s regime as Lokayukta, he had prevented the appointment of Upa Lokayukta for full four years! As on now, one cannot hope the immediate appointment of Lokayukta.
And that is all.
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