Illegal mining: Santosh Hegde says Karnataka govt objections frivolous

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A day after the state government listed three technical objections to the second part of his mining report, former Lokayukta Justice Santosh N. Hegde termed the objections ‘frivolous’ and ‘delay tactics’.

On Friday, Justice Hegde said the government’s reason for sending his report back to the Lokayukta were ‘extraordinary’ and gives the impression that he didn’t know the law.

Justice Hegde said the government reference itself empowered the Lokayukta to take suitable action against all public servants, including ministers whether in office or otherwise. On the principle of natural justice, he said in an enquiry referred under Sec 7 (2-A) of Lokayukta Act, it required no notice.

Holding a copy of his report at the press conference, he said the state could have dumped his report rather than make him look like he lacked legal perspective.

“The state government is not bound by any Loka-yukta report whether suo muto or a referred one. They could have simply rejected it without giving any reason and I would not have reacted. They are just giving lame excuses. Someone should have read the reference of enquiry forwarded to the Lokayukta institution under section 7 (2-A). In the notification of reference on the three insta-nces, it is clearly stated Lokayukta is empowered to enquire into alleged irregularities by all public servants, including ministers. Now, they are contemplating if they were really public servants or not,” Justice Hegde said.

Disapproving all the three objections raised by the state, Justice Hegde said, “The elected representatives are beyond doubt public servants, and the report only recommended the governor, who is the appointing authority, drop the ministers from the cabinet."

Pointing a finger at me on these two issues is not only contrary to their own reference but also contrary to the law.

The mining report is a recommendation and a preliminary one. When Andhra Pradesh CBI can further probe on my report or CEC report, come all the way to Bellary and put a minister behind bars for more than a month, why can’t the state act further on the report? The illegalities of OMC and AMC constitute not even 5% of my report,’’ he said.

Reacting to the third objection of not following principles of natural justice, Justice Hegde said according to Karnataka High Court judgment, public servants who are indicted didn't have to be served a notice. Only in some cases clarifications were obtained wherein it was necessary. It is humanly impossible to notice 797 government officials and ministers and complete the report.

What were the objections? Can Lokayukta recommend removal of a minister or MLA?

Justice Hegde: Not directly remove but recommend to drop such ministers and recommend prosecution against such ministers. The reference states… To comprehensively inquire into the charges, allegations, complaints of misuse and abuse of the office, if any elected representatives, ministers and officers who held or hold offices.

Can MLA and minister be public servants?

An elected representative, including a minister, is a public servant. The reference itself states, "To fix responsibility and initiate suitable action against all public servants.

Has report violated principle of natural justice?

In a referred enquiry like this, no notice is necessary to be given to indicted public servants.