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This is an archive article published on October 15, 2011
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Opinion An eloquently empty seat

After Santosh Hegde,Karnataka is struggling to fill its Lokayukta office — because it is proving hard to find a judge with a spotless record who also suits the government

October 15, 2011 03:16 AM IST First published on: Oct 15, 2011 at 03:16 AM IST

Karnataka is in search of a Lokayukta,and it is turning out to be tricky. The Lokayukta’s office became a stirring symbol in the crusade against corruption when it scalped the last chief minister,B.S. Yeddyurappa. It turned into a hot seat in September when it singed the recent occupant,Justice Shivaraj Patil,dislodging him speedily and ignominiously. Earlier this week,his deputy Justice R. Gururajan too went the same way. The office that comes with a load of stress,scrutiny and political pressure now carries multiple “vacancy” signs.

short article insert Over a dozen Indian states have enacted the Lokayukta Act to appoint anti-corruption ombudsmen. But none have been as effective as Karnataka,where in the last few years,the Lokayukta has trapped ministers,lawmakers,senior government employees and corporators.

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You would think that the choices for a new Lokayukta would be limitless. After all,any judge of the Supreme Court or a chief justice of the high court — current or former — is eligible. But since Justice Patil’s resignation a few weeks ago,the deliberations between the leaders of the state’s Upper and Lower Houses,its opposition leaders and the chief minister to choose a successor are unending.

The right candidate will make a critical difference as cases galore are pending with the Lokayukta. There are the criminal prosecution proceedings against two former chief ministers,Yeddyurappa and his predecessor H.D. Kumaraswamy. A controversial mining report blew the lid off a nexus between corrupt government officials,politicians and mining companies. Also pending are cases involving ministers and lawmakers on government land de-notification cases

Too many sensitive cases are hanging,says the former Lokayukta,Justice Santosh Hedge. There are good people who can do the job,so the appointment should be made urgently,he says.

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Not that the government is in any mood to listen. Justice Hedge served his full five year-term,leaving office after embarrassing dozens of government officials and politicians. Overnight,the faceless,anonymous office had been transformed into a sensitive,high-profile position at the receiving end of politicians’ wrath.

Justice Shivaraj Patil took over at the end of Justice Hedge’s term but he was soon felled by the investigative work of a zealous tabloid. He was found to own more than one subsidy-priced,government-allotted housing plot in Bangalore. Then weeks later,deputy Lokayukta Justice R. Gururajan quit citing “personal reasons”. The resignation came after journalists doggedly uncovered his assets — multiple homes on government-allotted plots in Bangalore,contravening rules. Seeking and getting more than one such site is illegal as there are not enough to go round and thousands of citizens wait endlessly.

The inquisitive media has since turned its gaze upon those judges who are “contenders” for the Lokayukta’s job. One such,a former chief justice,was found to have encroached on a park. Several others were found to own multiple large plots,alongside politicians and bureaucrats,in a housing co-operative for judicial employees whose land acquisition methods are being disputed in the courts. One fervent RTI activist is busy compiling a list of high-ranking judges and their assets.

So,finding a completely blot-free judge is becoming more difficult than one would have expected. Judges are shying away from being named as contenders ,wary of intense media scrutiny. Many are reluctant to disclose their assets. Even so-called honest bureaucrats,officials and judges in Bangalore have more than one house site,an unwritten perk of power,as it is a fairly common practice to give an affidavit stating that you or your immediate family does not have a house or any land allotment.

To be sure,there are blemishless,squeaky clean candidates. But the government may not find it “convenient” to appoint them.

It is obviously in no great rush either. Chief Minister Sadananda Gowda said he would not name a new Lokayukta “in a hurry” as it is a sensitive matter. Along with the Lokayukta and deputy Lokayukta,another key police posting in the office of the rank of DIG is currently unfilled.

After unseating the chief minister,the office of the Lokayukta was busy for a while. The offices of Yeddyurappa’s son-in-law Sohan Kumar were raided. The Lokayukta registered a case against forest minister C.P. Yogeshwar for allegedly possessing assets disproportionate to his known sources of income.

In the past years,Karnataka seemed to have an anti-corruption mechanism of the kind the rest of the country was clamouring for. But with three important vacancies,the office is sure running far below optimal steam these days. The corrupt have a long breather.