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Govt duty-bound to implement verdict in letter and spirit, says SR Hiremath
Having been one of the key members in bringing out the illegal iron-ore mining scam that led to the collapse of the first BJP government in southern India, Hiremath approached the courts over the formation of the ACB.
Bengaluru
The Karnataka high court on Thursday gave its verdict to “abolish” the Anti-Corruption Bureau (ACB) and restore powers to the Lokayukta. In 2016, soon after the then Siddaramaiah-led Congress government announced the formation of the ACB, 77-year-old anti-corruption activist SR Hiremath approached the court. Having been one of the key members in bringing out the illegal iron-ore mining scam that led to the collapse of the first BJP government in southern India, Hiremath approached the courts over the formation of the ACB. In a conversation with Sharan Poovanna, he shares the importance of the institution, reasons for creating the ACB and how the people also should get involved to check the rise in corruption. Edited excerpts:
Now that the HC has given its verdict, are you hopeful that it will be implemented?
In my opinion, they (the BJP government) are duty bound to implement it both in letter and spirit. And anything short of that they will have to face contempt for the court. During the (2018) election campaign, BS Yediyurappa, as chief ministerial candidate, literally said that when they (BJP) are elected or they come back to power, then within 24 hours the powers of the Lokayukta will be restored. All this happened due to the high crimes and misdemeanours of the Siddaramaiah government which clipped the wings of the Lokayukta by bringing in the ACB, clearly motivated to protect corrupt politicians, ministers and officials.
But despite being in power for three years, the BJP showed no real intent of implementing it?
The former Lokayukta, Justice Santosh Hegde, took the institution to great heights including to curb corruption which at that time led to the resignation of a chief minister and three cabinet ministers, which was unprecedented at the time. So, he has said clearly that no government and whatever party is interested in strengthening the Lokayukta. So, if you ask me, are they (the government) going to implement it out of their own free will or self-motivation, then the answer is a clear no. This is why bringing about the letter and spirit of the Constitution into the statutes and you know, implementing them is for us as the people to take up that responsibility. I’m talking about constitutional non-violent truth-based attempts to make the government do what they’re supposed to do.
The ACB has been in existence for over six years now and do you think transferring these officials to the Lokayukta will strengthen the anti-corruption watchdog?
This verdict is a very important step in the right direction and attempts to undo the great damage done by Siddaramaiah government. Karnataka was one of the first to adopt the Lokayukta in the early 1980s. So this is only part of the restoration of the damage done by Siddaramaiah who had also worked with colleagues and legislators from other parties to amend the Lokayukta Act, stating that it did not need a Supreme Court judge and brought in questionable characters. They got in Vishwanath Shetty whose wife had usurped grazing lands and had earlier represented characters like DK Shivakumar and Gali Janardhana Reddy. It is not like that he was a legal luminary and had fought for his clients. But this was about a nexus between politicians. The judgement yesterday states that a Lokayukta with no ties to political parties must be appointed.
Can this verdict be challenged in court?
It can be challenged in court but it would be totally unbecoming of any government with any iota of responsibility as it is public money and time. What Siddaramaiah did was a retrograde step. The BJP said that they will remove the ACB and restore the Lokayukta within 24 hours of coming to power, so I don’t think they (BJP) will have the desire to appeal and I do hope good sense will prevail. But if they do, then like we did in Ballari (campaign against illegal mining) on the streets and Supreme Court, we will fight. But this isn’t just about a legal battle but is supplementary to people’s efforts because ultimately all of this will be decided in the arena of politics.
Do you feel that the Lokayukta’s powers will be restored to its previous glory?
I feel that the need of the hour and of very high priority is for civil society, organisations, individuals, to launch a vigorous campaign. Not only that, this will be implemented in letter and spirit. So, people as masters of democracy should fight for it.
