Lokayuktas must be non-political: Karnataka HC

Court bats for maintaining transparency in appointments; Recommends strengthening police wing
Karnataka High Court (Photo | EPS)
Karnataka High Court (Photo | EPS)

BENGALURU: Observing that it is time the state government takes steps to reform the Lokayukta institution to regain its ‘glory’, the Karnataka High Court said the appointment of the Lokayukta and Upa Lokayuktas should be non-political, and the posts should not be an “accommodation centre” for any body.

“We request constitutional authorities, under Section 3(2)(a) and 3(2)(b) of the Karnataka Lokayukta Act, to take a conscious and unanimous decision to recommend persons with a track record of integrity, competence and fairness, both in public and personal life, to the posts of Lokayukta and Upa Lokayukta, uninfluenced by caste, creed, etc., and maintain transparency in the appointment,” a division bench of Justice B Veerappa and Justice KS Hemalekha said.

Recommending immediate necessity for amending Section 12(4) of the Lokayukta Act, 1984, that once a recommendation is made by the Lokayukta or Upa Lokayuktas, it should be binding on the government, the court said the Lokayukta police wing should be strengthened by deputing honest persons.

“Police personnel working with the ACB, should be transferred/deputed to Lokayukta police wing, to strengthen the existing police wings,” the court said, and placed a rider that investigation should be completed within reasonable time.

The court highlighted that the ACB was created under the chief minister, based on a proposal by the DG&IGP, and it is not forthcoming who will probe charges against the chief minister, ministers, MLAs and bureaucrats. It shows that an independent mind was not applied by the state government before creating the ACB, the court said.

Separate ACB created
“It is most unfortunate that even after 75 years of Independence, no political party is willing to allow an independent authority like the Lokayukta to discharge its duties in a transparent manner,” the court said, adding that it is time to says good bye to the ACB.

ACB has not registered criminal cases against ministers, MPs, MLAs or MLCs.

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