Attempts to clip the powers of the Lok Ayukta should be “discouraged and resisted,” Supreme Court judge B.V. Nagarathna said here on Wednesday.
“Rendering this noble institution a toothless tiger, unable to meaningfully carry out its mandate through the form of restrictive amendments or other forms, should be discouraged and resisted. Nor should the institution be used for political ends and to settle scores,” Justice Nagarathna said, addressing the Lok Ayukta Day celebration organised by the Kerala Lok Ayukta.
Justice Nagarathna said she was “very much impressed” by Section 14 of the Kerala Lok Ayukta Act, 1999, which says, ‘‘Where, after investigation into a complaint, the Lok Ayukta or an Upa Lok Ayukta is satisfied that the complaint involving an allegation against the public servant is substantiated and that the public servant concerned should not continue to hold the post held by him, the Lok Ayukta or the Upa Lok Ayukta, as the case may be, shall make a declaration to that effect in his report under sub-section (3) of section 12,’’ and that the competent authority must accept the declaration.
(It may be recalled that the Kerala government’s decision to amend the Kerala Lok Ayukta Act had sparked intense debate and criticism.) Justice Nagarathna said the Kerala Lok Ayukta had been playing a significant role in the fight against corruption and maladministration. “It is a unique institution combining both civil and criminal powers, it is an investigation agency and an ombudsman. The combination of such varied features has given the institution a wide scope as well as flexibility in the fight against corruption and maladministration,” she said.
It is essential that Lok Ayuktas in all States are provided the resources and necessary support to perform their tasks independently. There should be efforts to generate awareness about the institution of Lok Ayukta and the assistance it can provide to victims of corruption, she said.
The malaise of corruption, she said, leads to the corrosion of trust and faith of citizens in the efficacy and integrity of public institutions. “This also leads to the creation of alternative, extra-legal or illegal and other exploitative channels that the average citizen may resort to in lieu of approaching the appropriate authority,” Justice Nagarathna said.
Lok Ayukta Cyriac Joseph presided. Former Director General of Police Alexander Jacob, Upa Lok Ayuktas Babu Mathew P. Joseph and Harun-Ul-Rashid, Kerala Lok Ayukta Advocates Forum president N.S. Shaji also spoke.
