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Yeddyurappa is criminally culpable, says Santosh Hegde

'The report has enough evidence on the criminality of others…there is also an element of criminality on the part of the chief minister, as he heads the mining department,' Hegde said.

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Karnataka Lok Ayukta Justice N Santosh Hegde, whose ‘explosive’ probe report into the multi-crore mining scam in Karnataka has led to a major crisis for the BJP government, says the inquiry points to the criminal involvement of chief minister BS Yeddyurappa, who also holds the mining portfolio.

“The report has enough evidence on the criminality of others…there is also an element of criminality on the part of the chief minister, as he heads the mining department,” Hegde told IANS in an interview.

“The final report is more damning than the first, which was submitted to the government on December 18, 2008. But no action has been taken on the report already submitted, till date. If the government fails to act even after the final report, I am sure the Supreme Court will step in as it has taken cognisance of the first report under Section 7(2) of the Lok Ayukta Act,” said Hegde, whose five-year term ends on August 2.

“Even governor HR Bhardwaj can legally direct the Lokayutka to take action against the chief minister and other ministers for their role (direct or indirect) in the siphoning off of the state’s rich mineral wealth and abuse of office by the stakeholders,” Hegde pointed out.

Besides Yeddyurappa, revenue minister G Karunakara Reddy, infrastructure & tourism minister G Janardhana Reddy, health minister B Sriramulu and housing minister V Somanna figure in the report, along with Kumaraswamy, Congress Rajya Sabha member Anil Lad and BJP lawmaker Anand Singh, as direct beneficiaries of the mining scam.

According to the report, Yeddyurappa’s sons BY Raghvendra and BY Vijayendra, and son-in-law RN Sohan Kumar reaped a windfall from the mining companies in the form of donations and kickbacks.

“Yeddyurappa cannot be absolved…There is enough evidence of how his family, including sons benefited,” Hegde said.

Noting that the state government had been claiming that it banned iron ore export since June 2010 and did not grant permits to mining firms since the BJP came to power in May 2008, Hegde said both activities have been going with impunity beyond the inquiry period (2000-2010), causing a whopping loss of Rs1,827 crore to the exchequer over the last 14 months.

“We got umpteen documents to prove that illegal mining was continuing,” Hegde noted. Besides ministers, politicians and lawmakers, about 500 officials were indicted for their criminal role in the massive scam.

As Hegde leaves, work remains
As Hegde demits office as Lokayukta on August 2, he remains concerned about the fate of his report.

If the state government does not act on the report and its recommendations, the Lokayukta can invoke its suo motu powers to prosecute guilty officials, justice Hegde said, adding that the ombudsman could also seek the governor’s nod to file charges against ministers, legislators and lawmakers.

“I have not been able to get more powers from the state government to strengthen the ombudsman institution. We have succeeded in getting suo motu powers to prosecute up to the chief secretary, but not their political bosses,” Hegde lamented.

Hegde, who was Supreme Court judge (1999-2005) and solicitor-general of India (1998-99), was asked to inquire into the large scale corruption and profiteering through illegal mining in the state, especially in the mineral rich Bellary district from 2000 to 2006 with the connivance of officials.    

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