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Ousting Lokayukta Not so Easy, Feel Legal Experts

The Assembly Speaker admitting petitions against Lokayukta Justices will not end the impasse in the anti-corruption body

Published: 03rd December 2015 05:28 AM  |   Last Updated: 03rd December 2015 05:48 AM   |  A+A-

BENGALURU: The Assembly Speaker admitting petitions against Lokayukta Justice Y Bhaskar Rao and Upa Lokayukta Justice Subhash B Adi and forwarding them to the High Court Chief Justice will not end the impasse in the anti-corruption body, legal experts feel.

Sources said either Justice Bhaskar Rao or Justice Subhash B Adi can approach the high court with a writ petition under Article 226 challenging the motion seeking their ouster, after they get a copy of the motion moved in the House.

Senior counsel M T Nanaiah said the Lokayukta and Upa Lokayukta may challenge the legislature’s decision in court.

“The court can certainly issue directions. Even if a committee formed by the Chief Justice submits a report within the stipulated period, it doesn’t mean the issue is resolved. The report should be placed before the legislature which may drag the issue without any decision being made, till the expiry of the term of the Lokayukta or Upa Lokayukta,”

Nanaiah said.

Justice Rao, whose son is facing charges of extortion and corruption, is said to be talking to senior lawyers of the Supreme Court about the possibilities of questioning the action of the legislature.

Justice Bhaskar Rao has two more years to go in his tenure as Lokayukta. Justice Adi has completed two-years-and-nine-months as Upa Lokayukta. Experts feel this is why the government is strategically delaying writing to the chief justice.

If such is the case, the vacuum in the Karnataka Lokayukta will continue and there is a fear that people’s grievances will not be addressed and corrupt public servants may escape from the clutches of law.

Former Advocate General B V Acharya said the courts generally do not interfere with the decisions of the legislature, where the Speaker is supreme. In some extraordinary cases, the court can interfere and give directions, he said.

Sources pointed out that if Justice Rao or Justice Adi approach the High Court and the issue drags on, the government can wash its hands off the matter stating that it is pending before the court.



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