Lokayukta files more objections to creation of ACB

The Lokayukta has filed an additional submission before the Karnataka High Court in the batch of PILs challenging the formation of the Anti-Corruption Bureau (ACB).

The additional synopsis was submittesd before the division bench comprising Chief Justice Dinesh Maheshwari and Justice B M Shyam Prasad. Senior counsel Ashok Haranahalli said the government’s order forming the ACB was without legal sanctity.

While forming the ACB, the government had derived the powers from Section 21 of the General Clause Act (GC Act) for withdrawing the power of investigation of Lokayukta police under the Prevention of Corruption Act (PC Act).

The Lokayukta has challenged the exercise of power under Section 21.

It stated that the substantive powers of the Lokayukta, including the power to investigate cases under the PC Act through notifications of 1986, 1991, 1992 and 2002, cannot be superseded by using powers under Section 21.

The Lokayukta institution said the government orders, creating ACB and withdrawing investigation powers of Lokayukta police are not in consonance with various judgments of the Supreme Court on creating additional layers in administration of an existing institution.  

Further, the Lokayukta institution submitted that the government has not fulfilled the requirement of prior consent as per Section 17.

Since the power of prosecution is invested with the Lokayukta under Section 14 of the Lokayukta Act, formation of another bureau, department, wing or any other team, which is not under the supervision and control of the Lokayukta, does not align with the object of the Karnataka Lokayukta Act, it said.