Now, government poses a few questions

BANGALORE: In an apparent delaying tactics and in an effort to take shelter under technicalities, the state government on Thursday decided to seek clarifications from the Lokayukta on its recommendations against former chief minister B S Yeddyurappa, Reddy brothers and Sriramulu, named in the illegal mining report. However, since there is no Lokayukta, it is not clear from whom the state government is seeking a clarification. The Cabinet decision came at a time when it was duty bound to submit an action-taken report (ATR) on the Lokayukta report before October 27. According to the Lokayukta Act, the state government must submit an ATR within three months of submission of any report.Clarifications are being sought on three counts. One: whether the Lokayukta has powers to recommend the removal of a legislator or a minister. Second: Whether the Lokayukta can recommend action against non-officials in the absence of a complaint against them.  Third: Whether Lokayukta can pass judgment against anybody without giving them a chance to defend themselves in keeping with the principles of natural justice.According to Law and Parliamentary Affairs Minister S Sureshkumar, unlike civil servants, legislators and ministers are not governed by service rules. They are appointed by the Governor on the advice of the CM. On the second clarification, Sureshkumar said section 13 of the Lokayukta Act states that recommendations can only be made if an inquiry is conducted on the basis of a complaint. But in this case, the government referred the matter to the Lokayukta and so Lokayukta cannot recommend action.Kumar said it was felt that the Lokayukta should have followed principles of natural justice and given a chance to those named in the report to defend themselves.“Since this could become a precedent, the government has decided to seek clarifications,” Kumar said.