The Lok Ayukta’s final report on illegal mining is certain to spark off yet another round of confrontation between governor HR Bhardwaj and chief minister BS Yeddyurappa.
After Lok Ayukta Justice N Santosh Hegde recommended the prosecution of chief minister BS Yeddyurappa along with four other ministers, all eyes are now on Raj Bhavan.
DNA spoke to some legal experts on the impending crossing of swords between the governor and the chief minister.
“As of now, Bhardwaj cannot initiate direct action against Yeddyurappa. If Lokayukta justice N Santosh Hegde had recommended prosecution of chief minister Yeddyurappa under Section 13A of the Karnataka Lok Ayukta Act, 1984, the governor would have had every role to play. But the Lokayukta has recommended prosecution under the Prevention of Corruption of Act, under which the governor cannot act directly,” says former advocate general RN Narasimha Murthy.
Murthy added, “As a first step, the governor can ask the state police or the Lok Ayukta police to file a complaint, because the Lok Ayukta report is just a report under Section 7A of the Commission of Inquiry Act, and not a finding or investigation report. After the complaint is filed and the inquiry report is submitted, the governor can take action based on that report.”
Another former advocate general concurred, on condition of anonymity. “This is a peculiar situation, and there is a grey area. It all depends on how the governor interprets the recommendations of the Lok Ayukta. Under the rule, the governor has no role to play immediately, except asking the police to file a complaint. But if he applies Sections 12, 13 and 14 of the Lok Ayukta Act, then he could have a direct role to play. He can ask the chief minister to step down immediately,” he said.
He added that after three months, if the state fails to file an action-taken report on the Lok Ayukta report, governor Bhardwaj could exercise his power and recommend the imposition of president’s rule in the state, as the head of the state government has himself been indicted.
It is now obligatory for the state government to file an action-taken report within three months, explaining what action has been initiated on the basis of the report submitted by the Lok Ayukta on illegal mining, explained former advocate general Uday Holla.
Advocate AV Amarthan said, “After the Lok Ayukta recommended prosecution of chief minister BS Yeddyurappa and four ministers, the chief minister should himself have resigned. Since he has not done that, the governor could recommend the imposition of president’s rule in the state.
