SATURDAY, APRIL 27, 2024
Alexandre Moniz Barbosa
Goa will miss Lokayukta Justice (retd) P K Misra, whose term ended this week. During the time he was in Goa, he was seen as an absolutely fortright ombudsman who would not glance the other side when he concluded, after going through the evidence placed before him of course, that there was some illegality involved. During his tenure he passed some orders that have major political implications, a characteristic of his that would not have endeared him to the political establishment. As he leaves the State, the law-abiding citizens of Goa will miss him, but there will be many in government who had bent the rules to suit themselves who will heave a sigh of relief.
Last week on Thursday the Lokayukta directed that ACB register a First Information Report (FIR) in a disproportionate assets case against former Power Minister and sitting Cumbarjua MLA Pandurang Madkaikar, stating that reasonable grounds exist for conducting a detailed investigation in the matter. He also directed that the Law Secretary be impleaded as a party, that a copy of the complaint be forwarded to the Chief Minister, and that proceedings be initiated against former North Superintendent of Police Priyanka Kashyap for dereliction of duty in not registering the FIR. He also observed that on going through all the material on record it cannot be said that the complaint was frivolous or vexatious.
A day earlier the Lokayukta had directed ACB to file a FIR against unknown persons and fake beneficiaries of the Building and Other Construction Workers Welfare Fund. The order had said that if politicians and officials are involved in the scam, that is now known as Labour Gate, the case should then be handed over to Central Bureau of Investigation. This case has huge political overtones as the complaint filed before the Lokayukta had charged that an amount of over Rs 13 crore has been disbursed to 15,490 BJP workers cum ‘so called’ construction workers and labourers during the pandemic. This money was meant for the migrant labourers who had remained unemployed due to the lockdowns. The Lokayukta in the this case had also suggested that cases may be registered against fake applicants who fraudulently represented themselves as BOCW and that the investigation may take sample checks, of beneficiaries on a random basis and investigate them. his directions hadn’t stopped there, but said that the Labour Inspectors may be queried on incomplete forms, and how and why they had verified them, and whether they were coerced to do so.
The big question now is whether the government will act on these two reports of the Lokayukta, or as has been done in the past just ignore them.
Earlier this year, the Lokayukta had presented his report on the illegal renewal of 88 mining leases, recommending a FIR against three persons – former Chief Minister Laxmikant Parsekar, former Mines Secretary Pawan Kumar Sain and former Mines Director Prasanna Acharya. The government had rejected the report stating that the reports of the Lokayukta are merely recommendatory in nature. This had led the Lokayukta to pen and send a special report to the Governor stating that if any of the accused in the mines lease renewal case can explain as to how 31 renewals were done on a single day of January 12, without any violations, then the Institution is ready to “recall the report suo motu” and “recommend for appropriate honour on the three, on the coming Independence Day, for the remarkable efficiency”. Independence Day has come and gone, and this didn’t happen. The Lokayukta hadn’t stopped there in the report to the Governor but had gone on to state that, ‘if the above acts were not abuse of position, then God only knows the meaning of such expression. And God alone can Save the State’. Nothing came out of this report to the Governor either, and the Governor has also since been transferred.
Given the past experience, there exist major doubts that the government will take cognisance of the two recent Lokayukta reports. Yet, despite not seeing actin taken on his reports, this year itself, the Lokayukta has presented three reports on corruption and related cases involving politicians and government officials, that are not in favour of the latter. It is clear therfore that there is some form of corruption in the corridors of power and the government having rejected the mining lease renewals case report conveys the message that it is very reluctant to clean its stables. Will it do the same with the two new reports on the Labour Gate scam and dispropotionate assets of the MLA? Time will tell if this happens, but Goa waits for some action on the corrupt practices that exist.
Goa also now awaits a new Lokayukta, and desires an ombudsman who will be as strict as Justice Misra was and who will continue to stand on the right side of the law. Even if the government does not act on the reports of the ombudsman, the fact that the Lokayukta finds evidence for a probe, is indicative of the corruption in government circles. We cannot say that it does not matters that the government is not acting on the reports, but this inaction of the government should not deter those who have taken up the fight against corruption. It should spur them more, and if there is a Lokayukta like Justice Misra, it will only ensure that the fight does not die down.
Seeing that the government does not act on reports that a Lokayukta appointed by it has presented, could lead to a hesitancy among other retired judges to taking up the position. Why would a high court judge be willing to relocate to Goa as a Lokayukta, if his or her reports on corruption are not accepted by the government? For that matter, Goa does not need a Lokayukta who will be merely appointed because the government has to fill up the position to fulfil a duty. Goa needs that government to act on the reports of the Lokayukta and give the State a clean administration. That has to happen.
Alexandre Moniz Barbosa is Editor, Herald. He tweets at @monizbarbosa
