Mining report indicting police officers not based on evidence

Contradicting the Lokayukta's findings on illegal mining that had indicted them; an internal police department probe into the role of 191 officials has given them a clean chit, saying no prima facie case can be made out against them for alleged bribe taking.

No prima facie case has been made out to initiate proceedings against the indicted police officers under Karnataka State Police (Disciplinary Proceedings) rules, Deputy Commissioner of Police (Intelligence) V S D'Souza said in his report on the preliminary enquiry conducted by him.

The probe was held on directions of the DGP to look into the charge in the wake of the conclusions in former Lokayukta Santosh Hegde's report that had indicted B S Yeddyurappa and led to his exit as chief minister.

"Conclusions arrived by Dr U V Singh (former chief conservator of forests whose assistance was sought by Lokayukta) on payment of bribe by Karapudi Mahesh (transport agent) to 191 police officials is not based on any evidence," D'Souza said his report to the government on November 25 last.

"I am of the view that the principles of natural justice have not been followed and for the reasons cited above that no prima facie case is made out to initiate proceedings against the police officers," the report said.

It states that at the start of the enquiry he realized that "entire source for chapter 28 of the Lokayukta report (in which the police officers have been indicted) prepared by Singh was a pen drive furnished to him by the Income Tax department on February 21, 2011, which was seized on Oct 25, 2010."

D'Souza said there was no explanation about the gap and it was possible that the pen drive might have been tampered with.

The report charges Singh with not taking steps to verify the genuineness and veracity of information contained, including the 'most damaging' data of 617 public servants, including 191 police officers having been allegedly bribed.

D'Souza said his conclusions were based on data he collected and statements by various witnesses he had summoned.

D'Souza, however, hastened to add "This is not to suggest that charges of receiving bribe by public servants from

Karapudi Mahesh or anyone else are false. Only the quality of evidence put forth by Singh is inadequate and based on this cases cannot be registered against public servants."

Unless more corroborating evidence is unearthed, going in for departmental proceedings against these officials would be futile, he said in the report.

D'Souza said the principle of criminal law that a person is innocent unless proven otherwise has not been adhered to and in the process the damage done to their careers is "irreparable". "Before taking such a step, evidence of better quality has to be collected," he said.

Asked about the report, D'Souza said, "I have submitted the report to the government as per the direction and it is for them to act upon it." Most of the 600-odd officials indicted by the Lokayukta report have rejected the charges when they were asked to reply to the show cause notices served on them.

The Bharatiya Janata Party government has written to the Lokayukta, seeking clarifications on its report whether certain of its recommendations on political leaders was beyond the scope of reference set out for the probe.

Since September last year, the post of Lokayukta has remained vacant in Karnataka following the resignation by Shivraj Patil in the wake of allegations of securing land allotment in violation of rules.

A war of words has broken out since then between the government and the governor over appointment of former Kerala high court Chief Justice Bannurmath as Lokayukta.

While the government insists on appointing Bannurmath, Governor H R Bhardwaj has rejected the recommendation, saying that another judge be named for the post.

The governor has refused to appoint Bannurmath as he faces charges of securing allotment of a residential site in judicial layout in violation of rules.