BANGALORE: As the Lokayukta police continue the investigation in the disproportionate assets case against the five police officers who were arrested on Tuesday, the question being asked is whether the Government will sanction the prosecution of the officers.

The State Government has hitherto not given permission to the Lokayukta police, especially in cases of disproportionate assets, to try cases before the designated Special Sessions Courts under the Prevention of Corruption Act. It has also not taken any decision on letters seeking sanction for prosecution.

Section 19 of the Prevention of Corruption Act, under which the cases have been registered, makes it mandatory for the prosecution agencies to get sanction from the Government for prosecuting cases against officials accused of receiving bribes, accumulating disproportionate assets or any other misconduct. This is what the Special Courts ask for before taking cognisance of the offence committed by a government official.

The State Government has refused to give sanction for prosecuting seven officials, including Kempaiah, Inspector-General of Police; P.B. Ramamurthy, former Director of Horticulture, Lalbagh; and C. Somashekar, Managing Director of Devaraj Urs Truck Terminals, Bangalore. The Lokayukta had conducted raids and found assets disproportionate to the income of the three officials. The Government sought clarifications and pointed to loopholes in the investigation.

The Government has not taken any decision in 51 other cases despite repeated reminders being sent by the Lokayukta police. Among those against whom cases are pending are the former Deputy Inspector-General, Stamps and Registration Department, S.Y. Javadagi, who was allegedly caught accepting a bribe for rendering an official favour; the former Joint Director of Mines and Geology K. Thimmappa; and the former Joint Director of Horticulture, Gulbarga, V.B. Choudary.

According to the former Director-General and Inspector-General of Police M.D. Singh, who is also the Director (Vigilance), Lokayukta, the need to seek sanction for prosecuting government officials is discriminatory considering the way cases against the common man are dealt with. "If a common man is accused of committing an offence, he has to fight the case in court. Similarly, why should not a government official accused of accepting a bribe or accumulating disproportionate assets, which is a cognisable offence, be made to face the court," he asked.

"This provision should be removed in order to cleanse the administrative machinery," Mr. Singh said.

Lokayukta N. Venkatachala does not feel that the cases against the five police officers will meet the same fate as the 58 earlier cases. "Seeing the positive reactions of Chief Minister H.D. Kumaraswamy and other senior Ministers on the corruption charges against the police officers, I hope that the Government will not deny sanction," Mr. Venkatachala said.

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