No sanction was required to prosecute the Lokayukta or the Upalokayukta, and they have no immunity in law from prosecution, State Advocate-General Madhusudhan R. Naik has said.
He made these submissions in the High Court of Karnataka while defending the prosecution of the former Lokayukta, Y. Bhaskar Rao, against whom the Special Investigation Team (SIT) had filed charge sheet for his failure to take action regarding corruption in the Lokayukta institution.
Though former judges of the Supreme Court or the High Court are appointed to posts of Lokayukta and Upalokayukta, they are like any other ordinary citizen and do not enjoy immunity from prosecution. No sanction was required to prosecute them as they are neither public servants nor judicial officers requiring sanction for prosecution under Section 197 of the Code of Criminal Procedure, argued the A-G.
Though the SIT had secured sanction from the Governor through the government for prosecuting Mr. Rao, the A-G said the SIT could have filed charge sheet against Mr. Rao sans sanction.
‘SIT’s action proper’
It was also argued by the A-G that the SIT’s action of filling probe report before the jurisdictional court was proper as it investigated the case based on an FIR registered against some of the accused persons and there was no need for the SIT to submit the report to the Lokayukta, on whose recommendation under the Karnataka Lokayukta Act the government had constituted the SIT.
Hearing adjourned
Justice Anand Byrareddy, who is hearing a petition filed by Mr. Rao, adjourned further hearing till October 28.
