Think with courage and act with faith. Keep these twin principles so that excellence can be achieved in driving away corruption, the ‘Monster’,” says Karnataka Lokayukta Justice BS Patil, who shared his vision and mission to combat corruption, with the editors and staff of The New Sunday Express. He has set a target for investigators to take the conviction rate from the present 30 per cent to 85 per cent, which is above the conviction rate recorded by the CBI. Excerpts:
The Karnataka Lokayukta is among the most proactive Lokayuktas in the country, but there is a general perception that corruption is rampant in every office and that nothing happens without bribes. How do you look at this as a head of the institution?
Yes. Absolutely. No doubt it has spread like cancer. But to say that we can’t do anything about it is not correct. I don’t believe that it has reached the level where we can’t fight it. If people cooperate, institutions like Lokayukta can take decisive steps to fight it and achieve the goal. After I assumed the office of Lokayukta, before the duties and responsibilities under the Prevention of Corruption Act were entrusted to us, we have done so many exercises such as frequent surprise visits to public offices. As a result, several things were set right. Without even conducting inquiries, investigation or recommending punishment against anybody, public grievances are met by resorting to the provisions under the Karnataka Lokayukta Act. The progress made is indeed encouraging. An umpteen number of suo motu cases have been registered against encroachment and pollution of lakes in all districts. Surprise visits were made to 31 hospitals in Bengaluru by a team including police and judicial officers. Several deficiencies and lapses have been noticed, and cases registered against these hospitals and also government authorities. The follow-up measures taken so far are quite encouraging and beneficial to the common man. We have visited different districts and heard and disposed of grievances and allegations made against public servants. We raided five taluk offices and 43 sub-registrar’s offices in Bengaluru and 11 RTO checkposts along borders across the state. Several illegalities have been noticed and cases registered against erring officials. The matters will be pursued with greater vigour and focus, so that the guilty will not escape the clutches of law.
How is the change now after ACB (Anti-Corruption Bureau) has been abolished and Lokayukta entrusted with the Prevention of Corruption (PC) Act again?
Now we are getting a lot of complaints. We are registering them and proceeding in accordance with law. We conducted a two-day workshop recently, involving all police officers of the Karnataka Lokayukta from different districts. A thorough brainstorming session on 15 topics was arranged. A training programme related to effective investigation, steps to be taken to secure source materials to decisively nail offences of amassing disproportionate wealth by public servants, requirements of sanction, need for adducing proper evidence before the court both oral and documentary including digital evidence, so as to bring home the guilt of the accused was conducted inviting experts in the legal field, experts in investigation and also persons with expertise in electronic and digital evidence. At the end of the workshop, the officers sounded jubilant and confident.
Is there an increase in the number of complaints after the powers of the Prevention of Corruption Act are restored to Lokayukta?
Yes. Earlier, we used to receive an average of 350-400 complaints per month till June. Now, we are receiving more than 800 complaints each month. Imagine the kind of workload we have. There are loads of files to be attended to.
What is the feedback you are getting now?
The feedback is that public servants who were wantonly demanding money and indulging in corrupt activities have suffered a jolt and they are not indulging in such acts. There is a sense of fear among public servants as they genuinely apprehend that there could be a raid anytime and the Lokayukta would not spare anybody. I am now sure that if people cooperate, we are going to drive away this monster.
What message would you give corrupt officials?
The message is very stern and clear: Corrupt officers will not be spared. We are going to raid and trap and all efforts will be made to drive this menace of corruption out. I am sure people will cooperate, come in good numbers with specific complaints with supporting materials and shall not retrace their steps once the complaint is filed. They have to help us unearth the truth and punish guilty officials. Public servants have to be public servants. They can’t have their private selfish interest as paramount, sacrificing the public interest. If he is indulging in corrupt activities, we are not going to spare him. He will learn his lesson. Let us all think with courage and act with faith, so as to drive away corruption.
What about the black sheep within the system?
We should be vigilant against them. If I find any such persons, all our investigations would be first directed against them and we will go after them. I have given this message to all our staff.
What is the rate of conviction, and what is being done to increase it?
It is disappointing. The conviction rate is alarmingly low in our country, while in places like the US, it is above 90 per cent. It is less in India because of drawbacks in the investigation, non-cooperation of the public, witnesses turning hostile, investigating officers being inefficient and lacking in skills, apart from other contributory factors. In the Lokayukta, there is a conglomeration of the legal brain in the form of judges, skilled investigators in the form of the police wing headed by an ADGP and the technical wing headed by a chief engineer. This will help in making the investigation effective and efficient. In the recent training programme, I impressed upon police officers that their aim shall be to increase the conviction rate well beyond the current 60-65 per cent recorded by the CBI.
Do you think any changes are required to make the functioning of Lokayukta stronger, as you are only a recommendatory body?
Yes. The recommendations shall not remain mere recommendations. They shall be binding on the competent authorities concerned. Without such a binding effect, the exercise done by the institution with so much effort will not be of much use. Particularly, in matters where public interest is involved, it has to be ensured that the recommendations are binding and have to be complied with mandatorily. Earlier, there was a provision under Section 13 of the Karnataka Lokayukta Act. As per the said provision, if after investigation into an allegation against a public servant, the Lokayukta finds the allegations were substantiated and the public servant concerned should not continue to hold the post held by him, the Lokayukta or the Upalokayukta could make a declaration to that effect in his report. Such a declaration would come into effect and there was no provision for the Competent Authority to reject the declaration. Now, by way of amendment, the said provision has been modified and the declaration would come into effect only if it is accepted by the Competent Authority and the Competent Authority can reject such a declaration. It needs to be emphasised here that when the investigation is completed and true facts are unearthed, finding a public servant guilty of serious misconduct and a recommendation is made as provided under Sec 13, the same shall be mandatorily complied with. Indeed in the recent decision, the High Court has observed that the report submitted by the Lokayukta under Sec 12 shall be complied with and be made mandatory. This judgement certainly throws light on the new thinking regarding strengthening this institution, so that the elaborate exercise undertaken through the expert mechanism does not remain a mere recommendation, but is indeed acted upon so that true transformation in the functioning of the administration resulting in good governance takes place.
Don’t you think ministers and politicians are out of the Lokayukta net?
They are subject to the Lokayukta jurisdiction. If a complaint is given against public servants, we will consider it as per law. Public servants include the chief minister, the ministers, all elected representatives, government servants, members of local authority in the state or a statutory body or corporation established by the state law, etc. Any allegations against them are bound to be investigated in accordance with law. If a proper complaint is filed with details and supporting documents, however high the functionary is, the investigation will be taken up and law will take its course.
Is there any impediment to probing the PSI scam, which involves top, serving police officers?
No. But once a case is entrusted to a specific institution like CID or CBI, we are not supposed to run parallel inquiries and investigation. If it was handed over to us, we would have done it. All crimes committed need not be entrusted to the Lokayukta. The other institutions also require to show their ability and efficiency.
Assembly elections are approaching. Do you think your responsibility is going to be doubled as an anti-corruption agency?
Yes. We have our task cut out as per the provisions of the Karnataka Lokayukta Act and the Prevention of Corruption Act. We will initiate action against public servants. If the irregularity or misconduct pertains to election matters, the Election Commission has jurisdiction over it. As per Section 8(1)(b) of the Lokayukta Act, if there is an effective alternative remedy and if the matter pertains to grievance, we do not interfere, unless it involves allegations also.
What made you choose law?
I wanted to become a lecturer. In our village Padekanur in Vijayapura district, we had no school building. My primary schooling was in the chavadi or on the premises of the local Hanuman temple. When I went to Talikoti where I studied in high school, there was an English literature teacher who was teaching pre-university students. My father entrusted my responsibility to him and my room was just opposite his house. He started telling me about John Keats, PB Shelley and John Milton. I somehow formed a dream to do post-graduation in English literature to become a lecturer. But, after I did BA in English as a major subject, my father told me, “If you become a lecturer and start teaching somewhere in a different place, how are you going to manage the family, so you better do law.” I accepted and studied law. I stood first in Karnataka University in final year law.
Which poem did you enjoy most?
Those days in Karnataka College, Dharwad, we had a learned teacher, KS Narayanachar, who was the HoD of the English department. He used to teach us about TS Eliot, William Wordsworth and PB Shelley. In my final year degree, I enjoyed The Waste Land by TS Eliot, Paradise Lost by John Milton, the blind poet, and also the poems of William Wordsworth.
Do you have time to read now?
I make time and keep reading. Every day, before I reach my office, I read at least a few pages of wisdom literature which inspires me.
Who is your role model?
My first role model is my father and then a number of teachers, judges and lawyers. Without a role model, we can’t excel. Excellence can be achieved by pursuing dreams and goals.
When you took up the legal profession, did you have any particular dream of bringing change in one thing?
I never dreamt of becoming a judge, a Lokayukta or an Upa Lokayukta. As a judge, I always had the desire to contribute to the system by bringing values to young minds. That is how as president of the Karnataka Judicial Academy, I reached out to almost all judges working in various districts and taluks by organising workshops in different regions of the state and sharing with them the art, science and skill of judging and other principles of law. This gave me immense pleasure. As a lawyer, I used to teach law in KLE Evening Law College for about eight years. That is how it satisfied my hunger of becoming a lecturer.