No FIR against CM, cop lands plum post

Moved from Lokayukta police to post of Additional DGP (Law and Order), R K Datta reaping reward of not filing FIR against Yeddyurappa in land scam, say govt insiders

IT may be viewed in public as a move to shunt him out of the corruption watchdog, but R K Datta's transfer from the Lokayukta police to a plum post is being seen by insiders in the government as a reward for not filing an FIR against the Chief Minister.



In March, the court had ordered an investigation into the corruption charges against Chief Minister B S Yeddyurapa.

Datta, additional director general of police (Lokayukta), has been transferred to the post of additional director general of police (law and order), a plum post that is next only to the director general and inspector general of police (DG&IG) in terms of significance and influence.

Datta told MiD DAY he would be taking charge of the new post next week.
"I agree it is an executive post, and I accepted it because I can do public service effectively. I am happy that I am considered for the post," he said.

But the buzz in the corridors of power is that Yeddyurappa was pleased with Datta and the Lokayukta for not filing an FIR against him and wanted to reward the officer, resulting in Datta bagging the coveted post.

When dissident activities peaked in the BJP in March and there was a general clamour to oust Yeddyurappa, the Lokayukta special court had ordered an inquiry into the land scam in which the chief minister is the main accused.
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The verdict came after Justice C B Hipparagi, judge of the Lokayukta special court, heard the cases filed by two lawyers, Sirajin Basha and K N Balaraj, who had obtained the Governor's sanction to prosecute the CM.


R K Datta, who has served in the Lokayukta for three years, told MiD Day that he has accepted the post because it will help him do public service effectively

The BJP high command had assured the rebels, who were baying for Yeddyurappa's blood, that they would seek his resignation once his name figured in the FIR of the Lokyukta police, who had to conduct the investigation.
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This is why the filing of the FIR had assumed political importance. But to everyone's surprise, the Lokayukta police chose not file the FIR, citing legal issues, and that was the reason why the CM got a breather then.

On the day the verdict was pronounced, both Lokayukta Justice N Santhosh Hegde and Datta had said that they would file the FIR. Datta, especially, had sounded quite particular about it.

Their subsequent somersault raised the hackles of the dissidents, while giving a new political life to Yeddyurappa.

The buzz is that even Hegde lobbied for the plum post for Datta, and it is being said that it could only be at his insistence that Datta got the post.

Sources said the plan was to give the city commissioner's post to Datta, while elevating incumbent commissioner Shankar Bidri to the DG&IG post.

But because of a case pending with the Central Administrative Tribunal (CAT) in this regard, Bidri was not elevated and Datta had to settle for the post of additional director general of police (law and order).

While admitting that he had asked for an executive post for Datta, Hegde said the government had approached him three months ago and asked him to relieve Datta, but he was particular about a good posting for him and he had to wait till now to relieve him because there were pending cases with the Lokayukta.

On all the talk among those in the government that the CM was rewarding Datta, Hegde said, "Let them say anything.
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The BJP called me an opposition leader when I acted tough against the ruling party. The Congress accused me of favouring the BJP and the Chief Minister when we didn't file the FIR. I don't want to react to these opinions."

In the wake of Datta's transfer, V S Ugrappa, former leader of opposition in the legislative council, was of the opinion that legal changes were required to guard against political interference in the functioning of the Lokayukta police.

"These things are bound to happen so long as the Lokayukta police are under the government's control. The government can transfer them either to a plum post as a reward or to a dry post as a punishment.

This influences the functioning of the Lokayukta police. I suggest an amendment to the law to make the Lokayukta independent," said Ugrappa.

Shadow fighting
THE general transfers done by the Chief Minister seem to have irked Minister for Home and Transport R Ashok, who had apparently assured H N S Rao, additional director-general of police (special cell), of giving him the post of transport commissioner.

However, Yeddyurappa has given the post to "his man" Sham Bhat, CEO of Karnataka Industrial Area Development Board (KIADB) as an additional charge.u00a0

The transfer order was issued on Friday, before Yeddyurappa left for Dubai with Shobha Karandlaje, his close aide and minister for food and civil supplies and power.

A fuming Ashok was heard saying, "How can he do this (the posting) without consulting me. It is related to my department and the Chief Minister should have spoken to me before doing it."

Many other ministers are sulking for the same reason. "The general transfers are underway. The Chief Minister is not taking the ministers into confidence while transferring officers from their departments. It is nothing but autocracy," said a minister.

The Other Side
RESPONDING to suggestions that he had got a plum post as a favour for not filing an FIR against the CM, R K Datta said, "The truth is that I had wanted to file the FIR, and I had even argued about this with the Lokayukta, who had never intervened in our functioning.

But our legal advisers advised us not to file the FIR, saying it was not necessary, as the court had ordered for the probe under CrPC Section 202 (1). That does not mean that I have gone out of the way to help him."

While admitting that he had asked for an executive post for Datta, Santhosh Hegde said, "Datta has served in the Lokayukta for three years and he deserves a good posting. What is wrong in asking for the one?"
CM Yeddyurappa was not available for comment.