Lokayukta’s first big raid after powers were reinstated

Naming Bharatiya Janata Party (BJP) MLA Madal Virupakshappa as an accused in a corruption case is the first big arrest registered by the Karnataka Lokayukta since the Karnataka high court restored its powers to book cases under the Prevention of Corruption Act, 1988, in 2022.

Naming Bharatiya Janata Party (BJP) MLA Madal Virupakshappa as an accused in a corruption case is the first big arrest registered by the Karnataka Lokayukta since the Karnataka high court restored its powers to book cases under the Prevention of Corruption Act, 1988, in 2022.

Lokayukta police recovers cash from the house of BJP MLA Madaal Virupakshappa's son Prashanth Kumar (PTI)

On September 9, 2022, the Karnataka government issued an order abolishing the state Anti-Corruption Bureau (ACB), saying all its cases would be transferred to the Lokayukta.

The government order said that as per the orders of the high court, the ACB would be abolished and police station powers reordered to Lokayukta police. All the cases handled by the ACB will be transferred to Lokayukta, it added.

On August 11 2022, the high court’s division bench set aside the order issued on March 14, 2016, by the Congress government for creating the ACB by withdrawing the power vested with the Karnataka Lokayukta to probe all cases of corruption against the public servants.

The high court order quashed a notification issued by the then Congress government in the state to create the ACB and subsequent notifications, transferring power to probe corruption cases under the Prevention of Corruption Act from Karnataka Lokayukta police to the ACB.

In the same year, on October 10, the Supreme Court rejected petitions questioning the high court’s judgement abolishing the ACB.

A bench of chief justice of India (CJI) D Y Chandrachud and justice Hima Kohli dismissed two separate petitions filed by Kanagaraj and Karnataka Police Mahasangha, saying how they were aggrieved with the decision of the High Court, which transferred all pending probes into corruption cases to the Lokayukta. “How are you aggrieved? The HC has said powers will remain with the Lokayukta. We will not interfere,” the bench said.

Reinstating the powers to the Lokayukta was welcomed by the activists in the state as the ACB did not have a good record of cracking down on corruption, compared to the Lokayukta, which was responsible for impactful investigations such as the illegal mining in the state.

As per the numbers released by the home department, the ACB registered 1,803 cases since its inception in 2016. While most cases are under trial, the ACB has managed to get a conviction in 10 cases only, and in 25 cases, the officials were acquitted.

Among the 1,803 cases registered, charge sheets have been submitted in 753 cases, while 682 cases are under trial. In these cases, 1,473 government staff, including 391 Class-I and above and people’s representatives, were arrested.

While 1,335 accused officials were suspended, a departmental enquiry was conducted against 493 people.