Reiterating that its July 1 interim order on the investigation into alleged corruption within the Lokayukta institution is “clear”, the High Court of Karnataka on Tuesday said it would hear the petition filed by Ashwin Y., son of Lokayukta Y. Bhaskar Rao, only after the respondents were served with the notices issued from the court last week.
A Division Bench comprising Justice N. Kumar and Justice B. Sreenivase Gowda made these oral observations when counsel for Mr. Ashwin pointed out that the first information report (FIR) filed against him was submitted to the jurisdictional court only at 2.30 p.m., which is an hour after the High Court barred both the Lokayukta and the Upalokayukta from ordering in-house probe on the allegations.
“Our order is clear. We have said that no in-house inquiry. List this matter after service of notice on the respondents,” the Bench said, while adjourning the hearing. The State, and the Lokayukta and its police wing are the respondents.
Observing that there cannot be a stay with regard to registering an FIR, the Bench said that “let the respondents come… let us hear them.”
Mr. Ashwin had filed an application questioning registration of the FIR against him after the High Court prohibited an in-house inquiry and asked the Lokayukta to await the report of the Special Investigation Team set up by the State government. He had questioned legality of the Upalokayukta’s order for an in-house inquiry after the Lokayukta ordered for an inquiry from an outside agency.
