Hegde bats for more powers for Lokayukta

Former Lokayukta Justice N Santosh Hegde said the State government should accord more powers to the Lokayukta institution, including the power to prosecute.

Speaking with Deccan Herald from the United States, in the backdrop of the government’s move to amend the Lokayukta Act 1984, Hegde said closing down the institution would be better than curbing its vital powers.

As the Lokayukta, Hegde said he had written to the government seeking more powers. “I first wrote to the government to give the Lokayukta suo motu power to investigate the chief minister, ministers, the chief secretary and all the secretaries. The government gave this power but declined the power to prosecute public servants by conferring the power of sanction on the Lokayukta. I wanted police powers conferred on the Lokayukta so that he could supervise the police investigation. However, the government did not grant this power. I also wanted a prior consultation with the Lokayukta before an officer is posted or transfered. Again, this was not officially done. But, in practice, it was followed as long as I was in office,” he said.

Absence of this procedure gives arbitrary power to the government to transfer officials in the middle of an investigation like in the case of ADGP H N S Rao, he said. “When this officer was transferred without consulting the Lokayukta, Justice Y Bhaskar Rao asked for my suggestion. I advised him not to relieve the officer. He did so for a fortnight but then he signed the order relieving the officer when the chief secretary met him at his house on a Sunday. This is how the Lokayukta functions – on mutual understanding,” Hegde said.

In fact, the State government came back with the proposal to table the new Lokayukta Bill using the prevailing situation in the Lokayukta and also Governor Vajubhai Vala’s letter seeking a report on pending prosecution sanction orders (PSO) in corruption cases, he said. Hegde pointed out that efforts to remove the powers of the Lokayukta and the Upalokayukta to receive complaints on maladministration were made last year by the same government. “One of the ways by which maladministration can be controlled is by the exercise of grievance redress power of the Lokayukta. By the exercise of this jurisdiction, public servants, especially the ulterior acts of politicians, can be exposed. That is the reason why public servants are against this power,” he said.

“Ask the government how many sanctions for prosecution are pending and how many reports of the Lokayukta are implemented. The government should also answer as to how many indicted officers are promoted, contrary to the report. In my view, they (government) are taking advantage of the prevailing condition of the Lokayukta,” Hegde said.