Why babus don’t fear the Lokayukta

A whopping 305 traps and 52 raids across the state in 2009. The trapped include several IAS and IPS officers and a legislator—that’s the effort put in by the quasi-judicial institution of the Lokayukta. The alleged illegal assets of the babus unearthed by Lokayukta could well have funded a year’s budget of the Bruhat Bangalore Mahanagara Palike (BBMP).

Despite these, there are no convictions. The accused always manage to get away. Sad!

Lokayukta justice N Santosh Hegde’s relentless drive has won him accolades, but has not brought any sense of fear among the babus or people’s representatives who resort to corrupt practices.
Justice Hegde himself has drawn the state government’s attention innumerable times to why the institution has proved to be a toothless tiger.

Lokayukta cannot be effective unless it is granted suo motu powers to inquire. It cannot initiate an inquiry against any public servant without a written complaint. It cannot even act in cases where there is sufficient reason to suspect malpractices unless a written complaint is filed.

Lokayukta’s hands are further tied down with Section 19 of the Prevention of Corruption Act, which requires prior sanction of the government for prosecution of any public servant. It means the government can shield any official or people’s representative it wants to.

“Even in cases where the charges of corruption or misconduct are proved, we have no power to punish the guilty. We can only make recommendations, and it is up to the government of the day to take action. While I agree that the power to punish must remain with the courts, Lokayukta can become really effective if it gets the power to initiate an inquiry. That will keep check corruption,” says justice Hegde. He refrains from commenting on the reasons for successive governments reneging on their promise of delegating more powers.

But former law minister MC Nanaiah is blunt: “The harsh reality is that bureaucrats are much more powerful than the chief minister. Successive chief ministers have been promising more powers for Lokayukta, but even if they had an honest intent, the bureaucrats ensure that they do not proceed. The bureaucrat-politician nexus does not allow creation of a system to put themselves under a microscope. That explains why Lokayukta’s suo motu powers were withdrawn,” he says.

Retired high court judge AJ Sadashiva bemoans the sorry state of Lokayukta who has been further weakened without the Upalokayukta’s post being filled for the past six months. “Perhaps the government is searching for a pliant candidate for the post,” he says.