Southern States - Karnataka

No blanket permission for CBI in Karnataka

By S.K. Ramoo

BANGALORE APRIL 8. For "strange and unjustified'' reasons, the Karnataka Government has not obliged the Central Bureau of Investigation to inquire into charges of corruption against Central Government employees, including Central Public Sector personnel, in the State.

The Central Vigilance Commissioner, N. Vittal, told this correspondent from Delhi that Karnataka was the only State which had refused to give a blanket permission to the CBI to investigate such cases. He did not know the rationale behind the decision. The State Government was sanctioning consent on a case-by-case basis whenever the CBI approached it. This was causing considerable delay and alerted the guilty and tamper with evidence against them.

The State Government had accorded blanket permission earlier, and in 1977, when the late Devaraj Urs was the Chief Minister, this permission was withdrawn. This was done against the backdrop of the Grover Commission of Inquiry looking into serious charges of corruption against the Urs Government.

Subsequently, it was restored and during the J.H. Patel Government in 1998, the blanket permission was once again withdrawn. Significantly, even for registering a case against any Central Government officer located in the State, the CBI had to obtain the explicit permission of the State Government.

The Chief Minister, S.M. Krishna, appears "adamant'' on the issue. The State Lok Ayukta and the Corps of Detectives (CoD) have the jurisdiction to deal with cases of irregularities and corruption against State Government employees. The Karnataka Lok Ayukta, headed by Justice N. Venkatachala, retired judge of the Supreme Court, has been pro-active in unearthing corruption and irregularities in various Government departments. Empowered with wide-ranging powers under the State Lok Ayukta Act, he is personally visiting several departments, Government hospitals and hostels to enquire into the cases of irregularities and corruption. This was resented by several Ministers, who raised the issue at one of the recent Cabinet meetings. They seem to view the surprise visits of the Lok Ayukta as "unnecessary intrusion".

The Chief Minister is helpless, as the Government can in no way interfere in the functioning of the Lok Ayukta. Mr. Venkatachala, during his recent visit to a Government Hospital in Mangalore, forced some doctors, who had extracted money from poor patients for rendering medical aid, including surgery, to return the money. When a former Minister, H.N. Nanje Gowda, publicly criticised the style of functioning of the Lok Ayukta, Mr. Venkatachala served a notice on him.

According to legal experts, the CBI has jurisdiction to act in cases where there are allegations of misappropriation of Central Government funds. It would normally act whenever the High Court or the Supreme Court directs it to conduct an inquiry. It would also act whenever the State Government makes an explicit request.

Interestingly, the CBI was not a creature of the Constitution as it was established under an executive order of the Union Government. It first came into being under the Delhi Special Police Establishment Act. Later, its jurisdiction was expanded under the Special Police Establishment Act. It is aided by the Indian Penal Code, the Criminal Procedure Code, the Indian Evidence Act, the Official Secrets Act and the Defence of India Act.

When Mr. Vittal recently pointed out that Karnataka was the odd man out while delivering a memorial lecture in Delhi recently, it created considerable ripples in the State Government circles and was resented by Mr. Krishna, who subsequently sought a copy of Mr. Vittal's speech from the office of the Central Vigilance Commissioner in Delhi.

Mr. Vittal told this correspondent that when Mr. Krishna visited his office in Delhi shortly after becoming Chief Minister, he represented to him that the blanket permission given to CBI earlier be restored. The Attorney-General, Soli Sorabjee, in his address at the same meeting in Delhi, also reportedly criticised the State Governments which were denying sanction to the CBI.

The CBI has investigated the "Classik Computer'' case involving the then Chief Minister, S. Bangarappa, and the then Chief Secretary, J. Alexander, who subsequently became an MLA. The case was before the Karnataka High Court. The CBI is investigating corruption charges against C.K. Jaffer Sharief when he was the Railway Minister. Although Mr. Krishna had given a public assurance that his Government would sanction more powers to the Lok Ayukta to be effective against corruption, he is yet to act on it.

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