28 March,2011 07:06 AM IST | | B V Shiva Shankar
A day before the Lokayukta court asked its police to investigate cases against him, government approached the former with an offer to replace its SP, who is known for his honesty and was to investigate the case
It appears that Chief Minister B S Yeddyurappa was prepared with a counter strategy even before the Lokayukta court directed its police to investigate cases against him. This is evident from the fact that just a day before the court issued directions, the government approached the Lokayukta with an offer to replace Lokayukta Superintendent of Police Madhukar Shetty, who is known for being tough and honest and was entrusted with the case.
All set: Yeddyurappa was well prepared to face the legal battle, as he
had a strong think tank. File pic
"The chief secretary listed names of four officers to replace Shetty. I said no as he was not due for transfer," said Lokayukta Justice N Santhosh Hegde. "He is on leave for personal reasons, but is expected rejoin duty next week and begin investigations," he added.
Shetty has applied for study leave as he is doing a PhD, and his application is pending before the Lokayukta. "While his leave has not been sanctioned, why the government proposed replacement just a day before the court's judgment is very interesting," said a senior Lokayukta officer.
Chief secretary S V Ranganath was unavailable for comment, but an official in his office said, "There was no special reason to read into. It was a routine affair and when we heard that Shetty has applied for long leave, we offered a replacement. It was up to the Lokayukta to accept. When it was turned down, the matter was closed."
Shetty told this reporter that he would join duty soon and would study the court order before starting the investigation. S Diwakar, former legal advisor to the CM, said the Yeddyurappa was well prepared to face the legal battle as he had a strong think tank. He added that there is nothing wrong in being prepared when one has to appear in court.
"But, there is no link to this and the government's move to replace Shetty. Had the court issued summons, there was a possibility of the CM asking for a stay," he added.u00a0u00a0Meanwhile, amidst the speculations over Lokayukta police filing a First Information Report (FIR) against the CM, Lokayukta and the police are reportedly divided over approaches to the issue.
Going slow
Lokayukta Justice, Santhosh Hegde wants to go slow on filing the FIR and he is understood to have advised the police to take legal opinion before doing so. "I don't want to intervene in the process as the police are free to handle the case. All I want to say, since it is a politically sensitive issue, is that we have to tread carefully," said Hegde.
R K Datta, Additional Director General of Police (Lokayukta), on the other hand is against the delay. "We want to file the FIR, because without it the investigation will not be effective. However, we are exploring all the options before doing so," said Datta.
Even the court's directions for the investigation under CRPC Section 202 (1) has taken the police by surprise, as investigative officers will not have powers to question the accused without an FIR, though filing the FIR is not compulsory when the investigation is ordered under the section.