Wednesday, July 14, 2010

THE SANTOSH HEGDE FARCE: A LAMENTABLE ANTICLIMAX

On June 23, N.Santosh Hegde,the Lokayukta(Ombudsman) of Karnataka resigned from that prestigious advisory post over the state BJP government’s refusal to crack down on the Belekeri port scam(relating to 3.5 million tons of illegal iron ore) and the subsequent suspension of Deputy Conservator of Forests R Gokul.
This sent shockwaves across the nation. The institution of Lokayukta or anti-corruption ombudsman, mooted by the Morarji Desai-headed Administrative Reforms Commission (ARC) in 1966 was supposed to be a ‘bulwark of democratic government against the tyranny of officialdom’.Sadly, it turned out to be an ineffectual, even ludicrous, institution that politicians could bypass at will. It had the power to complain and recommend but not to punish or even to conduct independent inquiries. In short, it was a watchdog without teeth. Frequently, officials indicted by state lokayuktas would be promptly reinstated.This, felt Hegde, was a “slap on the face of the Lokayukta”.
Hence, Justice Hegde’s resignation and his announcements at a crowded press conference were rightly lauded as a bold way of calling the government’s bluff. It was in many ways reminiscent of his illustrious father, the late Justice KS Hegde, who resigned from the Supreme Court of India in protest against his supersession by former Prime Minister Indira Gandhi, contributing to events that culminated in her imposition of national Emergency.
In this light, recent events become even harder to digest. Justice Hegde eventually withdrew his resignation from Governor HR Bhardwaj and apologised publicly to the people of Karnataka for his “mistake”. It was a scene straight out of a vintage Bollywood tearjerker: the prodigal son’s return to fold! He even went so far as to say,” I have decided to take back my resignation only for the regard I have for Mr.Advani,who is like a father figure to me[Wow!].” and added(Can you believe it?) “There is no politics here.” O c’mon Santosh, whom are you kidding, anyway? This utterly disgraceful turn of events will allow many portentous issues to be summarily swept under the carpet.
Our anti-corruption crusader, who proclaimed a lifelong war against the “mining mafia” (he once told Vijay Simha of Tehelka that “Mining Leases are being used as James Bond’s gun to kill anybody---anytime and anywhere”) now comes across as a smart-talking publicity hunter. An agonising, counter-productive anticlimax: as if Batman suddenly decided that the Joker is his best friend, after all. Or like Aung Sang Suu Kyi suddenly apologising to the Myanmar’s despotic junta. Or Obama suddenly cosying up to the Al Qaeda. Ugly.
In the aftermath of this fiasco, at least some good has come to pass. In a damage control exercise the BS Yeddyurappa-led Karnataka Government has decided to bestow suo motu powers on the Lokayukta to act against corruption, but with strings attached. Notable is the fact that an Upalokayukta is yet to be appointed, despite repeated demands. Elsewhere, the institution is in similarly dire straits. For example in Maharashtra, even the identities of the defaulters are not disclosed; such are the legal bottlenecks our ombudsmen have to face.
This is a shame.

1 comment:

  1. well written but dis tug of war between the judiciary and executive isn't anything new..tho we have something called separation of power wdn judiciary and executive in pen n paper but wen it cums to actual lyf it isnt so..its the executive takng ovr.. we can only have a corruption free society when derz a separation of both power and function and der sldnt be interference of one with another..
    This incident is really unfortunate and points out the nexus btw politics and the legal system and how it influences.

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