LI Network
Published on: 03 September 2023 at 11:58 IST
The Karnataka High Court, sitting at the Dharwad Bench under the jurisdiction of Justice M Nagaprasanna, has issued a directive for the Karnataka Lokayukta to address its internal affairs and ensure the completion of investigations against public servants under the Prevention of Corruption Act within specified timeframes.
In this context, the court noted that it had encountered numerous cases in which investigations had dragged on indefinitely without the submission of a final report.
The court stated, pointed to a lackadaisical approach on the part of the prosecution and the Lokayukta.
The court underscored the need for the Lokayukta to rectify this situation by setting clear deadlines for the completion of investigations. Failure to do so, the court warned, would perpetually hang the sword of prosecution over the heads of public servants, potentially infringing on their rights.
The court expressed hope that this case would serve as a catalyst for expeditious investigations, with the Lokayukta displaying the necessary commitment to this end.
Case Background:
In this matter,Dr. Kallappa v. The Deputy Superintendent of Police, Dr. Kallappa Mahadevappa Hosamani, a retired college professor, had filed a petition seeking the dismissal of charges against him under the Prevention of Corruption Act.
Dr. Hosamani argued that three years had elapsed without the filing of a chargesheet, which impeded his fundamental right to apply for the position of Vice-Chancellor at the university—a requirement he needed to fulfill before August 30, 2022.
The prosecution opposed the plea, contending that a similar petition had been previously considered, and the petitioner had been advised to seek remedies following the filing of the chargesheet.
They alleged that the delay was, in part, due to the petitioner’s actions, including a delay in submitting bank records. Additionally, they claimed that the petitioner initially reported having 20 bank accounts but actually had 58, complicating the investigation.
The prosecution assured the court that the situation had now been rectified, and they would submit the final report to the court within two months.
The High Court held that the prosecution could no longer delay the matter and stressed the necessity of setting a specific deadline for the submission of the final report to the relevant court.
The court further observed that it had encountered several cases where investigations had prolonged indefinitely without the filing of a final report, revealing the lackadaisical approach of the prosecution and the Lokayukta.
Consequently, the petition was dismissed, and the Lokayukta was directed to submit its final report within a two-month timeframe.