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K’taka HC pulls up govt for failing to operationalise SIT to probe KPSC scam

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Bengaluru, Oct 28 The Karnataka High Court on Wednesday pulled up the state government for failing to operationalise the SIT constituted to probe the alleged KPSC recruitment scam, and directed it to take immediate steps to enable the team to take over investigation records from the CID.

Justice M Nagaprasanna, hearing the matter, questioned the delay despite the Supreme Court’s October 13 order upholding the SIT investigation, and said the government could declare the SIT as a police station and authorise the designated Superintendent of Police to receive the records while the dispute over two members of the team was being resolved.

“What has happened after the order of the apex court,” the judge asked, questioning why the investigation had not progressed.

“What investigation is happening in an alleged scam of this magnitude,” he asked the Advocate General, K Shashi Kiran Shetty.

The court observed that the Supreme Court had not disturbed the constitution of the SIT and that the state government’s concerns were confined to the replacement of two members, including its head.

It said there was nothing preventing the government from notifying the SIT as a police station to facilitate the transfer of investigation records from the CID.

“In these cases, you should not show a lackadaisical attitude. You should do it fast,” Justice Nagaprasanna told the Advocate General, after the latter acknowledged that the government had not yet notified the SIT or taken steps to transfer the records.

The judge emphasised that the appointment of the SIT’s head and the operationalisation of the team were separate matters.

“You don’t worry about the chief of the SIT, sir,” he said, adding that the composition could be decided after the petitioners’ objections to the proposed names were considered.

Advocate Girish Bharadwaj and Advocate Venkatesh Dalwai appeared for the petitioners.

AG Shetty submitted a list of names in a sealed cover for replacing two members of the SIT, in accordance with the Supreme Court’s directions.

The court directed the state to serve the communication dated October 25 containing the proposed names on the petitioners, enabling them to raise objections.

During the hearing, the court also questioned the inclusion of officers below the rank of Additional Director General of Police (ADGP) in the proposed list.

After discussions on the ranks and eligibility of the suggested officers, the Advocate General agreed that a portion of the list containing names of Inspector General of Police (IGP)-rank officers would not be pursued.

The court said the Apex Court had permitted the state to suggest alternative names for the two members, while allowing the petitioners to raise objections. It granted the petitioners two days to file their objections and said the composition of the SIT would be considered at the next hearing.

Reading out its observations, the court said the SC had noted the seriousness of the allegations and the possibility of the involvement of public functionaries, warranting an investigation by a special team comprising high-ranking officers. It said the apex court had found no reason to interfere with the direction for an SIT probe.

The matter was adjourned to Friday. The court said it would pass appropriate orders if the state failed to declare the SIT as a police station by then.

The Karnataka Public Service Commission (KPSC) is in turmoil with the arrest of its chairman Shivashankarappa S Sahukar, its member B V Geetha, former exam controller Gyanendra Kumar Gangwar and a middleman Basavaraj Kannale.

Sahukar is alleged to have got his daughters illegally selected as Industrial Officers while there were large-scale irregularities in the recruitment of veterinary doctors. Sahukar has already been suspended, while the state government gave nod to prosecute Gangwar, an IAS officer.

The High Court has formed the SIT to investigate it, while the Enforcement Directorate is also probing the case simultaneously.

(PTI News)

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