Karnataka government used Lokayukta corruption case to weaken institution, says Justice Adi

BENGALURU: Justice Subhash B Adi, who retired as Upa Lokayukta on Saturday, has said the Education department is the most corrupt department in the state. In an interview with TNIE, Justice Adi said corruption in the department mostly exists in admissions, providing facilities and granting recognition to schools and colleges. “Where there is direct contact with people, there is more corruption,” he said, adding that in the list of most corrupt departments, the Education Department was followed by Revenue, Rural Development & Panchayat Raj, police and Social Welfare departments.  On the most difficult case he handled, he said ‘corruption inside Lokayukta’. He admitted he was under pressure from then Lokayukta Justice Y Bhaskar Rao. 

You handled many important cases. Which was the most difficult case and why?
The corruption in Lokayukta. I faced a lot of problems and there was pressure to not order a probe. When I did not pay heed to it and ordered a probe under superintendent of police Sonia Narang, I was asked to change Narang as the investigating officer. The then Lokayukta Justice Y Bhaskar Rao (who is now facing trial) put a lot of pressure on me. Even outsiders pressurised me asking ‘why do you need to do all this?’ I don’t want to name them. Yet, we pursued the case.

Did you as Upa Lokayukta get the government’s support to fight corruption?
Not fully. Some of my reports recommending action against erring officials were not implemented. In such cases, the accused officials slip from the clutches of law if they retire or die before the reports are accepted. When an institution is independent, all its staff should be independent too. In Lokayukta, only clerical staff are independent. But the police wing and the technical wing, whose role is greater in bringing culprits behind bars, are not independent. They are posted on deputation by the government. So, they are always fearful of the government, and that is a weakness. 

Was Lokayukta weakened by the formation of the Anti-corruption Bureau?
Yes. The reason is that the police do not have powers to register a case under the Prevention of Corruption Act. Earlier, there was fear among officials about corruption. Now, that has been reduced as Lokayukta is left toothless. I don’t think the decision was correct. 

Do you think ACB headed by government officials will be able to fight corruption, especially involving politicians and top officials?
No. The ACB is not independent as it is under the government. Then how is it free from government intervention? There cannot be reasonable investigation. If they don’t probe any cases, that doesn’t mean there is no corruption.

Do you think the government used Justice Bhaskar Rao’s case to clip Lokayukta’s institutional powers?
Yes, that case became a tool for the government. However, ultimately it is the people’s loss as now they cannot register private complaints before Special Lokayukta Court under Section 156(3) of the CrPC as per the Supreme Court order. They can’t do this even before the Lokayukta.

Do you think the government is serious in fighting corruption?
Not just this government — no government is serious about fighting corruption.

Despite best efforts by people like you, none of the corrupt politicians have gone to jail. Is it because there is no truth in the allegations against them or has the system failed to nail them?
The Upa Lokayukta’s power is only to look into the complaints against officials up to the rank of KAS officers. I have done my job. Complaints against IAS, IPS and elected representatives come under the Lokayukta jurisdiction.

Do you agree with the state governments’ claim that they delivered one of the cleanest and efficient administrations that was free of corruption?
No government can claim that they have delivered most clean and efficient administration. They must introspect because day in and day out we can find corruption. There is corruption within the department or between inter-departments. Corruption may not be in the form of cash or kind. It might be in the form of favours, like “you scratch my back and I’ll scratch yours”.

Why do you say corruption and maladministration have not reduced in the state?
Even after 70 years of Independence, people believe that corruption is a mode of administration. No work can be done without influence and money. There are hardly 10-20 per cent good officers. But they also suffer a lot for raising their voice against corruption. For instance: A senior-most IAS officer was attacked and she was transferred to the department which never functioned, as she exposed the scam of another senior IAS officer.

According to you, which is the most corrupt department? 
Education, followed by revenue, rural development and panchayat raj and police department. Where there is direct contact of people, there is more corruption. In education department, admission, providing facilities, recognition of schools and colleges, are areas where corruption is high. In the revenue department, succession, khatha, grant of land and land conversion are the biggest racket. 

Who do you think are responsible for the rot in the system? Politicians or officials?
Both. The number of bureaucrats who work independently and take decision are only few. But they don’t raise their voices, fearing that they will be victimised.

Why didn’t you resign after the impeachment motion failed? What was the reason to continue to complete term despite facing embarrassment?
Initially, I decided to resign immediately after the motion was moved. Both me and my family suffered a lot. If I had resigned, it would have meant that I accepted those allegations. But my conscience did not allow me to do so as the allegations were baseless. Therefore, I decided not to resign and I was even ready to go the Assembly and speak if the motion had passed. But it failed. I appreciate advocates’ community. Senior counsels Sharath Javali, B V Acharya, Uday Holla and Nanjunda Reddy supported me morally.   

What do you plan to do now? Will you in any way be involved in the fight against corruption?
Fighting corruption individually is not possible, as only the society as a whole can stop it. Involving in fighting against corruption is within my ambit. So I will take a decision accordingly. 

Are you planning to write a book on your experiences in the anti corruption agency ?
Have not thought of it yet.

What is your advise to your successor?
No advise to them, as those who will be appointed as Upa Lokayukta are experienced High Court judges. They are competent. But what I feel is, if you want transparency outside, it should also be there inside. Complaints should not be dismissed immediately, as it will discourage the complainants. 

Even after 70 years of Independence, people believe that corruption is a mode of administration. No work can be done without influence and money. There are hardly 10-20 per cent good officers. But they also suffer a lot for raising their voice

In Lokayukta, only clerical staff are independent. But the police wing and the technical wing, whose role is greater in bringing culprits behind bars, are not independent

The ACB is not independent as it is under the government. Then how is it free from government intervention? There cannot be reasonable investigation. If they don’t probe any cases, that doesn’t mean there is no corruption

The Upa Lokayukta’s power is only to look into the complaints against officials up to the rank of KAS officers. I have done my job. Complaints against IAS, IPS and elected representatives come under the Lokayukta jurisdiction

Then Lokayukta Justice Y Bhaskar Rao (who is now facing trial) put a lot of pressure on me. Even outsiders pressured me asking ‘why do you need to do all this?’ I don’t want to name them. Yet, we pursued the case