The Hindu : Karnataka / Bangalore News : Padmaraj commission files statement of objections

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Saturday, Mar 19, 2011
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Karnataka

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Padmaraj commission files statement of objections

Staff Reporter

Court extends stay on commission's proceedings
‘Image of the inquiry commission must be upheld'

Bangalore: A Commission of Inquiry could be appointed even if the matters referred to such commissions were investigated or inquired into by different bodies and agencies of the Government, stated B. Padmaraj Commission of Inquiry on Friday in its statement of objections filed before the Karnataka High Court here. Meanwhile, the court extended the stay on functioning of the commission.

The commission also made it clear that “just because it (commission) is appointed by the present government, it will not act as per the desire of the present government”, while pointing out that just because the commissions were appointed by different governments, it does not mean that the retired judges, who are appointed to act as Commission of Inquiry, would lean in favour of that government or toe its line.

The statement was filed by the commission's secretary on the petition filed by Janata Dal (S) leader Y.S.V. Datta, who had questioned the constitution of the commission by the State Government to look into the land scam, including the allegations made against Chief Minister B.S. Yeddyurappa.

The petition has questioned the legality of the constitution of the commission when the Lokayukta had seized of the complaints of land scam against the Chief Minister.

Stating that the B. Padmaraj Commission has no vested interest in conducting the inquiry, it has been said in the statement that the commission is only a fact finding body.

“The commission is only to instruct the mind of the Government to enable it to frame appropriate legislation or take administrative measures to maintain the purity and integrity of administration and to initiate action against wrong-doers,” the statement said.

Arguing that the findings of the Commission of Inquiry is not binding either on the Lokayukta or a criminal court, the statement said that the findings can be wholly made use of by the Lokayukta and the investigating agency looking into the specific complaint and criminal act.

Referring to petitioner's claim that the Government constituted the commission without the approval of the Lokayukta, the commission stated that if the averment of petition that prior concurrence of Lokayukta has not been obtained by the Government before appointing the commission is correct, it would only mean that the Lokayukta would be free to investigate notwithstanding the appointment of the commission.

“It is desirable that retired judges are not subjected to unwarranted criticism on account of being appointed on an inquiry commission. The image of the authority of Commission of Inquiry must be upheld,” it said.

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