Lokayukta refuses to share details of probe against Kharge

Deccan Herald: Kalaburagi,: Tuesday, 03 February 2015.

The Lokayukta has refused to provide information about the enquiry into allegations that Leader of the Congress party in the Lok Sabha, Mallikarjun Kharge, had amassed illegal wealth.

Senior Civil Judge and Deputy Registrar (Administration) of the Karnataka Lokayukta the Public Information Officer (PIO) in this case stated thus in response to a Right To Information (RTI) application: “The information sought by the applicant has been barred under Section 8 (1) (h) of the Right To Information Act, 2005, and therefore the information sought is denied.”

M R Suresh, a lawyer from Bengaluru, had sought a copy of the enquiry report against Kharge. The PIO forwarded the request to the Additional Director General of Police (ADGP) of Karnataka Lokayukta at whose behest the information has been denied.

Section 8 (1) (h) of the RTI Act stipulates exemption from disclosure of information: “Notwithstanding anything contained in the RTI Act, there shall be no obligation to give any citizen information which would impede the process of investigation or apprehension of prosecution of offenders.”

Deccan Herald had reported on Dec 18, 2014, that Lokayukta police had started an enquiry into a complaint that Kharge had amassed illegal wealth by misusing the office of minister and MLA. This prompted Suresh to file the RTI application before the Lokayukta, seeking information about the enquiry.

He sought two things: a copy of the order about enquiry into the allegations against Kharge and a copy of the enquiry report. Although the PIO refused to provide the information by citing the exemption clause of the law, he didn’t give a copy of the order of enquiry against Kharge, which legal experts believe, is neither confidential nor exemptible.

Suresh has now appealed to the Registrar, Karnataka Lokayukta the First Appellate Authority against the denial of information. He has alleged that the PIO had “mechanically denied the information without applying his mind properly.” Suresh stressed that he had filed the RTI application “purely in public interest and had no intention whatsoever of impeding the enquiry process.”

The enquiry officer had submitted his report to the ADGP about six months ago and nothing would jeopardise the enquiry process if the report is parted with, the applicant contended. He urged the registrar to direct the PIO to provide the said information without further delay.

Previously, B T Ratnakar, general secretary of Samaj Parivartan Samithi, had filed a complaint, levelling 40 allegations against Kharge of amassing illegal wealth by misusing his office as an MLA and minister. Calling Kharge “the richest dalit leader in the country”, Ratnakar had alleged that the former railway minister owned Rs 50,000 crore worth of assets. The Lokayukta ADGP forwarded the complaint to the Raichur Lokayukta Superintendent of Police, who had submitted his report last November before retiring from service.