Lokayukta to cover Maharashtra CM, but not while in office

Source: Times of India dated 30.01.2019
By Prafulla.Marpakwar@timesgroup.com

Unclear if CrPC can be used to conduct inquiry

Though the Lokayukta may have got some powers following the state cabinet’s move to bring the CM under its purview, it is still not clear if the Lokayukta will have powers under the Criminal Procedure Code to conduct a probe against a CM and if it will have an independent investigating agency at its disposal. Maharashtra was the first state to set up the institution of Lokayukta in 1971, followed by Rajasthan, Bihar, Uttar Pradesh and Madhya Pradesh.

According to data compiled by the Lokayukta a few years ago, while the institution of Lokayukta and Upa-Lokayukta existed in 16 states, Lokayuktas in 10 states have powers to probe present and past CMs; these are MP, Himachal Pradesh, Karnataka, Gujarat, Kerala, Delhi, Goa, Punjab, Orissa and Haryana. The Lokayuktas of Andhra Pradesh, Assam, Maharashtra, Rajasthan, Bihar and UP were until now barred from investigating the CM.

Only four states – MP, HP, AP and Karnataka – have set up an independent probe agency to assist Lokayukta. The agencies have serving IPS officers of DGP rank. “The DGP reports to the Lokayukta,” a bureaucrat said. Further, five – HP, Karnataka (whose ex-Lokayukta Santosh Hedge carried out a highprofile probe some years ago) Kerala, Goa and Punjab -- have given Lokayukta powers of search and seizure. In several states, including Maharashtra, Lokayukta can launch a suo moto probe. “Importantly, in most states, except Maharashtra, the Lokayukta has powers under CrPC to probe cabinet members and officials. So Lokayukta has the powers to arrest even a CM if there is a specific complaint,” the bureaucrat said.

TIMES VIEW : While the first step of including a CM wtihin the purview of the Act has been taken, the more crucial step of allowing an incumbent CM to be probed has been bypassed. Hopefully sitting CMs will have to face scrutiny soon enough, as a result of furtherchanges to the legislation. If that does not happen, this move will be symbolic and will even be seen as cosmetic with hardly any changes on the ground.