SIT seeks govt nod for prosecuting Rao

 The Special Investigation Team (SIT), probing extortion and corruption cases within Lokayukta, has sought the State government’s permission to prosecute former Lokayukta Justice Y Bhaskar Rao.

The SIT has stated it has evidence to press charges against Justice Rao under IPC Sections 202 (intentional omission to give information of offence by person bound to inform) and 217 (public servant disobeying direction of law with intent to save person from punishment or property from forfeiture).

The SIT has sent a 500-page report to the government and also written a reminder to the Chief secretary Aravind Jadhav. The SIT has stated in the report that Justice Rao did not take any action to stop the extortion despite his son Yerabati Ashwin using official residence and office to summon public servants, sources said. Senior IAS officer M Lakshminarayana, former BBMP Commissioner, had given a statement to the SIT stating that he had told Justice Rao about how Ashwin had been summoning public servants and demanding money.

The SIT report stated that Justice Rao provided all documents to his son Ashwin, within 24 hours, only to allow him to move the High Court challenging investigation ordered by Upalokayukta Justice Subhash B Adi. Ashwin had filed the application through his advocate on June 29, 2015 and received the documents on June 30, 2015, the day he filed the writ petition. The SIT report stated that Justice Rao deliberately delayed in taking action on the report submitted by former Lokayukta (City) Superintendent of Police Sonia Narang about demand of bribe in the office of former Joint Commissioner (PRO) Syed Riyaz.

The report stated that Justice Rao claimed to have directed the IGP Lokayukta Pronab Mohanty to hold an enquiry. However, IGP did not hold any enquiry till Upalokayukta ordered an investigation on a complaint by Janaadhikaara Sangharsha Parishat, a NGO.
 
The SIT report also quotes the statement of Pramod, a City Armed Reserve (CAR) constable who was working at the PRO office. Pramod had stated that after the extortion scam was unearthed, Justice Rao used to speak to his son using Pramod’s phone [phone]), which was given to him by Syed Riyaz.

The report also quoted the statement of D Sandeep Kumara, who used to work as a cook at the official residence of Lokayukta on Crescent Road. Sandeep had stated that Ashwin used to be in the official residence of Lokayukta, when the latter was away. Justice Rao's wife would call Sandeep to ask whether Ashwin had come home.

Additional charge sheet planned

The SIT intends to submit additional charge sheet once the permission to prosecute Justice Rao is granted by the gov­e­­r­nment as per Section 197 of CrPC. Section 197 CrPC states, “When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence all­e­­g­ed to have been committed by him while acting or purpor­t­i­ng to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction.”