The Karnataka high court has abolished the anti-corruption bureau (ACB), created in 2016 by the then Siddaramaiah-led Congress government, as the judiciary steps in to weed out graft which was promised by political parties who have ruled the state.
A two-judge bench of justice B Veerappa and justice HS Hemalekha, in their order on Wednesday, came down heavily on the creation of the ACB, which they said was created to “trench upon” the Lokayukta’s powers.
“It is nothing but transgression by an executive administrative order to usurp the powers of the Lokayukta. 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 the Lokayukta to protect these persons from prosecution, inter alia under the provisions of the PC (prevention of corruption) Act,” the order stated.
The HC orders come at a time when there have been piling cases of corruption against the BJP government, including chief minister Basavaraj Bommai, his cabinet and party members, senior officials and others.
Bommai said: “The HC has given a verdict on the ACB and I just found out. I am here (Mandya) and after I go back to Bengaluru, I will speak to AG (advocate general) and other concerned officials and then decide our next step. I have not seen the details of the verdict and can’t say anything about it. Will see it and then give my reaction.”
In its recommendations, the HC said police wing of the Lokayukta be strengthened by appointing/deputing honest persons with a track record of integrity and fairness, all those working in the ACB be transferred or deputed to the Lokayukta.
All investigations and complaints before the ACB have been asked to be moved to the Lokayukta.
“The officers and officials, who assist the Lokayukta and Upa-Lokayuktas in discharge of their functions shall not be transferred for a minimum period of three years, without the consent of the Lokayukta/Upa-Lokayukta, as the case may be,” according to the order.
To be sure, the BJP that was in opposition in 2016 had assured to abolish the ACB and empower the Lokayukta which was also part of its election manifesto two years later. However, two chief ministers of the BJP since 2019 had done little to stand by its earlier assurance.
Justice (retd) Santosh Hedge, who formerly served as the head of the Lokayukta and exposed the illegal-iron ore mining scandal in the state, said that the HC order would be good for the society.
He chided the BJP for making a poll promise to abolish the ACB within 24 hours of assuming power but had done nothing about it for over 24 months.
“Those in power… politicians, officials… no one wanted to give Lokayukta powers but did not have the guts to close it as it was very popular and enjoyed a lot of public confidence. So, they planned to dilute its powers and then make people believe it was not powerful and close it,” Hedge told News1st Kannada channel on Wednesday.
The HC said according to the Karnataka Lokayukta Act, the police wing of the watchdog was “inseparable” part of the institution.
The BJP and the Janata Dal (Secular) or JD(S), who were in the opposition in 2016, had come down heavily against then chief minister Siddaramaiah and his administration over the creation of the ACB which meant that all investigation even into the government would be under the government.
Former chief minister and JD(S) leader, HD Kumaraswamy, said the ACB was created to stall and bury all corruption cases against the then Congress government.
“During the Congress government, to stall several allegations of corruption against the government, it formed the ACB which was not brought in through an act. It was done in a hurry to hide the faults of the government as a tool by those in power to investigate others,” Kumaraswamy said.
The former chief minister said he could not do much about it during his term, as he was in power with the support of the Congress.
Former chief minister and leader of the opposition, Siddaramaiah ducked questions on the verdict, citing he had not seen the order of the HC.
“It’s not like infusing new life into the Lokayukta as it had life. Police officials with the Lokayukta were separated and the ACB was created. The HC has taken a decision and we respect it. I have not seen the order and will give a detailed reaction once I do,” Siddaramaiah said.
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