No legal backing for report: A-G
In a move that seems geared to take the heat off former chief minister B.S. Yeddyurappa and the Bellary-based Gali Janardhan Reddy brothers, indicted in the Lokayukta mining report, the advocate-general has told the state
government that the Lokayukta report on illegal mining has no “legal backing” to take actions against politicians and bureaucrats indicted in the report.
Mr Acharya said that the recommendations made by the former Lokayukta, Justice Santosh Hegde, were not in consonance with law. He also found that principles of natural justice have been violated as the Lokayukta has not issued notices to them and obtained their statements.
He also advised against the re-induction of the once powerful Reddy brothers into the Cabinet, saying it was not tenable at this juncture.
In his report, which has not yet been made public, Mr Acharya reportedly states, “Taking them into the Cabinet would not be morally and ethically wise. They have to approach the legal forums and get remedies before getting back to the Cabinet.”
While Justice Santosh Hegde maintained that he did not hear the aggrieved parties as the government had asked him to investigate the case under Section 7-A of the Karnataka Lokayukta Act, Mr Acharya sought to contradict Justice Hegde citing a recent Karnataka high court judgment in a S.N. Hegde versus Lokayukta of Karnataka case.
Under similar circumstances, the Lokayukta indicted former vice-chancellor of Mysore University, Prof. S.N. Hegde. Mr Hegde challenged this in the high court.
The single-judge bench comprising, Justice N.K. Kumar ruled that principles of natural justice has to be followed before recommending any action against any public servant.
“Before indicting Mr Yeddyurappa, Reddy brothers and bureaucrats in the report, the Lokayukta has not issued notices to them and obtained their statements. In this case, principles of natural justice have been violated,” AG said in his elaborate opinion to the state government.
Advocate-General B.V. Acharaya did not disclose his opinion, but did say that “before writing adverse reports to anyone by an investigating agency, opportunity should be given to them.”
Sources also said that the IAS officers’ committee looking into factual aspects of the report would give its opinion within 15 days, as government has to act on the report before October 27, 2011.
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