Lokayukta court dismisses complaint for looking into closed cases

The Lokayukta special court has dismissed a private complaint filed by Janaadhikaara Sangharsha Parishath (JSP) seeking direction to the Special Investigation Team (SIT), which is probing corruption within the Lokayukta, to look into complaints that were closed within 10-15 days of registration in the jurisdiction of former Lokayukta Justice Y Bhaskar Rao.

The private complaint contended that there were thousands of complaints against senior politicians and bureaucrats. These complaints were closed hastily, the complaint
contended.

The complaint, filed by co-president of JSP, Adarsh Iyer, sought an enquiry to find out whether the public servants and politicians were in touch with Yerabati Ashwin, son of former Lokayukta Justice Rao.

The private complaint

stated that 1,890 complaints, against senior officials and politicians, were closed
mechanically and hurriedly. The JSP filed a complaint in this regard with the SIT. However, the SIT refused to investigate whether the respondents in these complaints were in touch with Y Ashwin.

Since the SIT refused to take up a case, JSP filed the private complaint before the Lokayukta special court on October 16, 2015 against Ashwin.

The private complaint said there could have been communication between the public servants in question and the extortionists.

The private complaint

stated that since the cases chargesheeted by the Special Investigation Teamproved that Ashwin and his gang were in touch with the public servants against whom investigation/enquiry was underway in the Lokayukta.

Lokayukta judge V G Bopaiah dismissed the private complaint stating that the Special Investigation Team has already submitted charge sheets in the cases with available evidence.

The court held that Special Investigation Team cannot be directed to look into the cases closed by the Lokayukta.

“It is worthy to mention that, in my view, this court cannot go into the grounds for closure of these cases. Therefore, on the basis of the closure of those cases one cannot hold that the SIT has not properly investigated the matter. In view of the law laid down by the Supreme Court, this court while exercising the powers under Section 156 (3) of CrPC has to be satisfied that there is material pointing towards the alleged complicity of the accused.

In the absence of the same, this court cannot exercise the powers under Section 156 (3). The SIT has filed the charge sheets on the basis of the available evidence. Therefore, calling for a status report as prayed in the complaint is not necessary, the court stated,” the order said.