JOIN USThe Commissioner withdrew the defamation case with as much speed as he had filed it and thereby averted an embarrassment for the government. The BBMP Commissioner’s move against the Lokayukta came in the wake of the latter’s alleged unsavoury remarks against him over the death of six-year-old boy Abhishek, who was washed away in a drain in Lingarajapura recently.
Speaking to reporters after withdrawing the case, Subramanya said he was duty-bound to obey the Chief Minister’s directive. “I had filed the case as an individual and not as BBMP Commissioner. It was intended to save my honour,” he said.
On his part, the Chief Minister said he would have no officer turn against the Lokayukta. Addressing mediapersons before Subramanya decided to back-off, Yeddyurappa said he had the highest respect for the Lokayukta and had, therefore, asked the Commissioner to withdraw the defamation suit. “I hope he will follow my directive,” Yeddyurappa said.
Subsequently, the Commissioner filed a memo in the court of the 6th Additional Chief Metropolitan Magistrate, seeking permission to withdraw the case. The court granted the request.
Meanwhile, eminent legal experts said, while the defamation case was ill-advised, it did not require the permission of the state government as some reports suggested. “Strictly speaking, since the Lokayukta is not sub-ordinate to the State Government, the Commissioner need not have sought Government permission to file the defamation suit,” a jurist said.
According to him, any person who wished to file a case against a civil servant should take the permission of the government for filing a case under Section 197 of the Criminal Procedure Code (CrPC). “In this case the Lokayukta is not answerable to the State Government,” he said.
The defamation case had been filed on June 6 and the hearing was adjourned to June 9. The Lokayukta and Upa Lokayukta G Patri Basavana Goud had visited Abhishek’s parents on June 4. Later, the Lokayukta criticised the BBMP for not maintaining the drains.
DH News Service