Date:20/09/2006 URL: http://www.thehindu.com/2006/09/20/stories/2006092008090500.htm

Karnataka - Bangalore

Judicial panel no substitute for investigation: Janardhan Reddy

Staff Reporter

high courtround-up `Commissions do not have sufficient teeth to punish the guilty'

G. Janardhan Reddy

BANGALORE: Suspended Bharatiya Janata Party MLC from Bellary G. Janardhan Reddy on Tuesday informed the Karnataka High Court that a judicial commission is no substitute for an investigation.

He said that though he had sought an investigation into the alleged payment of bribes to Chief Minister H.D. Kumaraswamy and others, the State Government had appointed a commission of inquiry.

In his petition seeking a Central Bureau of Investigation (CBI) inquiry against Mr. Kumaraswamy, Home Minister M.P. Prakash and Minister for Forests Chennigappa and their relatives for offences punishable under the Prevention of Corruption Act and the provisions of the Indian Penal Code (IPC), Mr. Reddy said commissions did not have sufficient teeth to punish the guilty and their reports had to be submitted to the Governments.

In this case, Mr. Reddy said, the Government was headed by a person against whom he had levelled serious allegations of bribery punishable under the Prevention of Corruption Act. Appearing on Mr. Reddy's behalf, C.V. Nagesh cited a Supreme Court judgment of Sanjeev Kumar versus the State of Haryana, in which the court had held that the reports submitted by the commissions were not binding and the follow up action depended more on political consideration rather than public good.

He said he could not have gone to the magistrate seeking the registration by the CBI of a crime, as the magistrate could not order such an investigation. He said the serious allegations he had made against persons needed a thorough probe and this could only be made by the CBI and not the local police.

When asked by the court on why he had not gone to the Lokayukta with his complaint, he said the Chief Minister was immune and action taken against him is limited. Moreover, the Lokayukta had no jurisdiction to investigate a crime and it can only hold an inquiry.

He clarified that he was not interested in bringing down Mr. Kumaraswamy from his post. All he wanted was a probe so that the guilty were brought to book.

Justice H.G. Ramesh adjourned further hearing on the petition to Wednesday.