THE HUNTER HUNTED! SHIVRAJ PATIL RESIGNS AS LOKAYUKTA OVER SITE ACQUISITION CHARGES

 Firoz.T.Totanawala

The Bangalore Metro Reporter

1st October 2011 issue-

                                     THE HUNTER HUNTED!

SHIVRAJ PATIL RESIGNS AS LOKAYUKTA OVER SITE ACQUISITION CHARGES

Justice Shivaraj Patil, the Lokayukta has resigned on ‘moral’ grounds, following charges of acquisition of big sites. Shivaraj Patil who tried to defend his actions finally had to resign the post and has attributed his decision for the malicious campaign carried against him by vested interests. However, the hard fact is that Shivaraj Patil should have introspected himself before trying to defend his actions. Even assuming that vested interests have carried a malicious propaganda against him, the fact remains that Shivaraj Patil has erred both in the Judicial Layout and Vyalikaval Housing Society issues.

After the retirement of Santosh Hedge, Shivraj Patil took over as the Lokayukta of Karnataka and before he could settle down to work, he faced allegations very serious in nature. With the most respected powerful seat of anti corruption on fire, people of the State, who have high regards to the revered post, are all in shock. The allegations were pertaining to Shivraj Patil getting a huge site from the Judicial Employees HCS and also two big sites from Vyalikaval HCS in the name of his wife. Shivraj Patil, finally resigned in mere few weeks on charges of acquisitions of big sites.

Initially, Shivraj Patil strongly defended saying there are no illegalities in the issues. In the case of a big site allotted to him by the Judicial Employees HCS, he defended saying that the Supreme Court had cleared the same. And in respect of two big sites acquired from the Vyalikaval Housing Society too, he declared that they are strictly legal. Further to clear the ‘misgivings’ he stated that his wife had surrendered the sites to the society after he became the Lokayukta!

But what is the ground reality?

With regard to one big site allotted to him by the judicial department employees HCS, Shivraj Patil’s statement/clarifications do not pass the scrutiny of law. Apparently, the Housing Society was formed by the employees of the judicial department in Karnataka and the society had to allot the sites formed in its layouts, only to the employees of the judicial department. Please note that judges can not be treated as employees of the judicial department as judges of the High Court and Supreme Court are constitutional authorities. They therefore simply can not be the members of this society. In such circumstance, Shivraj Patil as a judge, applying or getting a site is highly illegal and immoral. Besides, the Supreme Court had never cleared the allotment of sites to the judges, but only sent back the case to the High Court for adjudication.

Shivraj Patil, already owned a house in a posh locality of Vasanthanagar and as such he was barred by law from procuring or applying for a site either in BDA or any Housing Co-operative Society. He however, is eligible to purchase any number of sites or houses from individual sellers if he has money. But not from the Housing Co-op. societies which are meant to provide sites/houses to the members of the society who do not have any sites/houses of their own. And as admitted, Shivraj Patil already had a house and therefore was ineligible for a site from any co-op. society.

Further, it was required that Shivraj Patil, before getting a site from the society, submit an affidavit declaring that neither he nor his family owns a site or house in Bangalore. Now, while he was allotted a big site in the judicial employees Housing Society, it simply implies that he should have submitted a false affidavit to the society. Now, please note again that, giving a false affidavit attracts criminal proceedings.

On the other hand, if we assume that he did not submit an affidavit affirming that he has no site or house, and still got the site allotted; then, the entire transaction becomes highly illegal act, as the society can not allot a site without the affidavit. This implies that Shivraj Patil being a judge at that time should have abused his position and got a huge site from the society.

Next, his procurement of two big plots in Vyalikaval HCS in his wife’s name, beats any known level of logic. He defended stating that his wife was a member of the society and got the site as a right. If this is so, then, why did thousands of other members who had paid their life’s savings from the year 1982 did not get the same favour? And wonder of wonders is that Shivraj Patil’s wife got two sites! And mind it, those the sites are of 9600 sq ft and 4800 sq ft area! Nobody therefore can agree to Shivraj Patil’s defense in this regard!

Of course, Shivraj Patil also stated that he surrendered the two sites to the society after he became the Lokayukta. But, does this surrender absolve him off the offence already committed? Arguably, he has not revealed how he surrendered the sites to the society. Whether their cancellation deeds have been registered and whether the society has the powers to agree to surrender of the sites, which were earlier sold to Shivraj Patil’s wife! It is already five years since the sites were sold and its worth is at least 8 crores today. Most importantly, if he has surrendered the sites, it also implies that he should have committed some offence which needed the surrender of sites!

If ordinary persons indulge in such misappropriation while getting sites in the Housing Society, the co-operation department officials would pounce on them, cancelling the allotment and disqualifying their membership. If the BDA detects that the allottee of a site already has a site or house, it swings into action to cancel the allotment and forfeit the sital money. It can even initiate criminal proceedings for submitting a false affidavit. But, in the case of Shivraj Patil, there is a dead silence.

Whatsoever, Shivaraj Patil has resigned from the Lokayukta post and it is not fair on him to blame the malicious propaganda against him. If not today, he would have had to answer the charges, tomorrow or later.

The Lokayukta is a constitutional post meant for fighting graft, misuse and abuse of power. The post expects a person of irrefutable integrity and honesty to head the institution and Shivraj Patil does not fit it in this regard. Moreover, his resignation is publicised as a precedent for others to keep up the ‘high moral standards’. But, the hard fact is that Shivraj Patil’s resignation is a case of ‘virtue of necessity’ rather than an attempt to uphold the ‘high standards’ in public life. And that is all.