BENGALURU: In a major setback to the Lokayukta’s drive against corruption, a majority of cases registered by the anti-corruption agency have ended in acquittals.
Last year, 136 cases of corruption were heard and disposed of, out of which a mere 31.60 per cent ended in convictions; acquittals stood at 60.30 per cent while 8.10 pc were discharged due to factors like not enough evidence.
Frequent transfers of investigating officers, poor investigation, witnesses turning hostile and above all, the delay in government sanction for prosecution of senior officials are said to be the major causes for acquittals.
The rate of conviction in corruption cases has decreased in the last three years. According to statistics provided by Lokayukta Justice Y Bhaskar Rao, the rate of conviction was 38.20 per cent in 2012, 30.80 per cent in 2013 and 31.60 per cent in 2014. In the first two months of 2015, the rate of conviction stood at 21.10 per cent.
However, there has been an increase in the number of cases registered. In 2012, 417 cases were registered; in 2013 it was 525, but in 2014 it was 401. This year, 45 cases have been registered, according to Syed Riyaz, Joint Commissioner, Lokayukta.
When Express asked Justice Rao, who took charge as Lokayukta in February 2013, about the decreasing rate of conviction, he only said conviction was a court’s view. He, however, said he will again ask the state government to sanction prosecution of tainted officials and will not spare even bureaucrats if he received complaints against them.
However, Upa Lokayukta Justice Subhash B Adi said he has already taken steps to know the reasons for the fall in rate of convictions.
“I have directed the ADGP and IGP to convene a meeting of prosecutors and investigating officers to take stock of the conviction as well as acquittal rates and the reasons for the same. The collective effort of the Lokayukta, Upa Lokayuktas, police and the technical staff is important to improve the rate of conviction. The role of prosecutors and investigating officers is more important. We have to train them to ensure proper investigation,” Justice Adi said.
As many as 79 prosecution sanction orders are awaited from the competent authorities. Details provided by the office of the Lokayukta revealed that some of the cases were registered as far back as in 2007 and 2008. Since then, the government has not sanctioned prosecution of senior officials.
As per Section 19 of the Prevention of Corruption Act, sanction is required for the prosecution of all government officials.
While the department head’s sanction is enough for the lower rung officials, the Cabinet has to give sanction for the prosecution of officials of senior-scale and higher rank.
Sources said the provision for sanction as a condition for prosecution is being used by state governments to protect corrupt politicians and government officials.
The state government is sitting on requests made by the Lokayukta for sanction of prosecution against tainted officials and this delay is resulting in witnesses turning hostile, an investigating officer said. In some cases, the Lokayukta police filed the chargesheet after the IAS officers retired from service as otherwise the police would have had to wait for government nod to prosecute them.
Defective Prosecution: “Some bureaucrats manage to get ‘defective’ prosecution sanction orders (not written in the proper format and hence can’t be treated as valid) from their competent authorities to delay the prosecution. In such circumstances, the Lokayukta should use Section 218 of the IPC which gives it power to penalise the competent authorities who delay sanction for prosecution or give defective sanction to save tainted officials,” an official told Express.
Sand and Quarry
On whether any stringent measures have been taken to curb the illegal sand and quarry mafia in the state, Lokayukta Justice Rao said they have taken action as and when they received complaints. Upa Lokayukta Justice Adi said more than 50 pc of sand extraction is illegal with officials colluding with local politicians. “Sand is an easily available resource and is exploited. The environment is severely affected. Mysuru, the home district of Chief Minister Siddaramaiah, is one of the districts where illegal sand mining is rampant. The deputy commissioners should take proper action without heeding local politicians,” he said.