Heed court ruling, restore Lokayukta

The Karnataka High Court order abolishing the Anti-Corruption Bureau (ACB) and transferring all cases currently being probed by it to the Lokayukta is welcome. It could help revive the fight against corruption and stop misuse of probe agencies by incumbent governments. In 2016, the then Congress government led by Siddaramaiah had defanged the Lokayukta by withdrawing its powers to register and investigate cases under the Prevention of Corruption Act and had vested that responsibility with the newly-formed ACB. The declared purpose was to provide “transparent and efficient administration”; the real motive, as the court observed, must have been to “shield corrupt politicians, ministers and officers from the watchful eyes of the Lokayukta”. As an independent body, the Lokayukta had powers to investigate even the Chief Minister. The ACB, on the other hand, reported to the Chief Minister, engendering a direct conflict of interest. This enabled the Chief Minister to scuttle any probe against self, ruling party legislators and bureaucrats. Indeed, the ACB could not even register an FIR against the corrupt without the prior sanction of the government. At the same time, it allowed the government of the day to misuse the ACB against political opponents. In the last five years, 72% of 310 cases have not progressed because the government – whether of Congress or BJP – did not accord sanction for prosecution. The BJP had in its 2018 manifesto promised to restore the powers of the Lokayukta, but the Yediyurappa and Bommai governments have not done so. Indeed, the government defended the setting up of the ACB in court.

While the Lokayukta under Justice Santosh Hegde had exposed the mining scam and was instrumental in sending then Chief Minister B S Yediyurappa to jail, the ACB has not prosecuted a single politician to date. However, the court order will lose all relevance unless people of the highest integrity are appointed to the posts of Lokayukta and Upa Lokayukta. The court has held that the appointment should be non-political and should not be influenced by considerations of caste and creed. Nor should the Lokayukta be treated as a sinecure for anybody.

The judgement is decisive and should serve as a template both for the Centre and other states, especially at a time when investigating agencies are being misused by the party in power to settle scores against opponents while protecting their own. The credibility of probe agencies should be restored by bringing them under the purview of the Lokayukta so that they are insulated from political interference.