JOIN USThe Supreme Court on Monday decided to examine a plea made by former Karnataka chief minister B S Yeddyurappa if a special court is empowered to entertain a private complaint in a corruption case, even though there is a mechanism under the Lokayukta Act to deal with such charges against public servants.
A bench of Justices T S Thakur and C Nagappan issued a notice to the Karnataka government, as well as private complainant Sirajin Basha, seeking their response within six weeks on the petition filed by the BJP leader, which concerns the de-notification of land.
Senior advocate U U Lalit, appearing for the petitioner, submitted that the question was if a private complaint could be filed against public servants under the Prevention of Corruption Act in view of special enactments like the Karnataka Lokayukta Act, which was meant only to deal with high constitutional functionaries.
The bench, however, said, “But it is not that every corruption complaint would go to Lokayukta. There is private complaint against you (Yeddyurappa), the special judge applied his mind, issued notice to you. The splitting of hair is irrelevant.”
Lalit insisted, “With the advent of the Lokayukta Act, complaint against high dignitaries would go to Lokayukta. The machinery is there, the police are at disposal of Lokayukta and all decisions taken by the public servants could be nullified by him (Lokayukta), who also enjoyed a fixed tenure.”
The court then reiterated that the proceedings before the special court and Lokayukta are complementary.
It also reminded the counsel that the protection of prior sanction was already given, even in case of private complaints against public servants. The counsel responded by saying that the sanction (from the governor) could be obtained easily in cases where the parties (in the state and Centre) were inimical to each other.