Why replace Lokayukta cops with ACB, HC asks Karnataka

Justice Gowda, who has been monitoring the functioning of the Lokayukta police, said, “For the last two weeks, the Karnataka Lokayukta police has been rendered jobless. Nearly 700 policemen are sitting idle. There is no investigation happening. Neither has an ACB been constituted nor is the Karnataka Lokayukta police discharging its duties.”

The court also concurred with state police chief Om Prakash’s views that it would be a violation of the Code of Criminal Procedure (CrPC) if the police are allowed to investigate a complaint of corruption only with prior permission of a bureaucrat.

In his letter to the state government, DGP Om Prakash also said the functioning of the ACB cannot be reviewed by an advisory board headed by a senior IAS officer, as CrPC says that no authority other than the police can discharge the duties of supervising or reviewing investigations.

Concurring with the DGP’s views, the court said. “How can police stations created under the ACB function with the kind of deficiencies pointed out by the DGP? Defence lawyers in corruption cases will have a field day.

Giving the state time until April 18 to set in order the anti-corruption infrastructure and file a report, the court said, “The court is concerned over investigations coming to a standstill, over court proceedings coming to a stand still.”

The judge then added; “What is important to ask is whether it has been more effective. Do you want the ACB to be branded a caged parrot?”