‘40% commission’ charge against Karnataka BJP govt not 100% true: Panel

For all that noise around the ‘40% commission’ allegation, which contributed heavily to the BJP’s defeat two years ago, an inquiry commission has not found any clinching evidence on kickbacks, and a vague conclusion has left the ruling Congress clueless.

Bengaluru: For all that noise around the ‘40 per cent commission’ allegation, which contributed heavily to the BJP’s defeat two years ago, an inquiry commission has not found any clinching evidence on kickbacks, and a vague conclusion has left the ruling Congress clueless. 

“The ‘40 per cent commission’ allegation may not be 100% true,” the Justice H N Nagamohan Das Commission said in its report given to CM Siddaramaiah on March 12. The report, which DH has accessed, also stated that one could not deny the ‘40 per cent commission’ allegation as “it is true to some extent”.  

The Siddaramaiah-led Congress government is exploring options on how Justice Das’ report can be interpreted. It is possible that a committee of officials may be formed to study the report further and decide on the next steps, sources said.

The Commission found several cases of procedural lapses in works that were taken up between July 26, 2019 and March 31, 2023, the period in which the BJP was in power. The “delays in the pre- and post-tender processes, legal violations and nepotism” show corruption, it said. But evidence for the claim that ministers, elected representatives and officials sought kickbacks as high as 40% of a tender’s cost was not forthcoming. 

The Commission noted that the Karnataka State Contractors Association (KSCA) had failed to prove its ‘40% commission’ claim. In July 2021, KSCA wrote to PM Narendra Modi about the cuts contractors had to pay to receive work payments, which Congress capitalised on. 

The failure of the KSCA to prove the allegation may be due to “fear and panic” of repercussions, the Commission said. The KSCA gave Justice Das documents running into 1,593 pages, but none contained any evidence to corroborate the ‘40% commission’ claim, according to the report. 

According to the report, the deaths of contractors Santosh Patil and Sachin Panchal “exposed the serious nature of corruption” in the state.

“Their suicide notes were clear about corruption. These cases underlined the rampant corruption in government contracts. Such incidents are not confined to one party or government,” the report stated.

But “no contractor, family member or citizen lodged a complaint with or provided information to this Commission”, it stated, slamming society’s silence on corruption. 

The report ends by quoting Martin Luther King Jr, “The day we see the truth and cease to speak is the day we begin to die.”