Bengaluru, Sep 28 (IANS): Former Supreme Court judge and Karnataka Lokayukta, Justice N. Santhosh Hegde has criticised Chief Minister Siddaramaiah for not resigning following the registration of an FIR against him in the MUDA case, holding that adherence to ethics is as important as following the law.
"Once a criminal allegation is made against any person, they can be found guilty or innocent only by a court of law," he maintained, emphasising that in all fairness, Siddaramaiah should step down from his post.
"It’s not just about the law; one must also follow moral values and ethics," Justice Hegde opined in an interview with IANS.
Following are excerpts of the interview:
IANS: Is CM Siddaramaiah following the precedent set by former Delhi CM Arvind Kejriwal by not resigning even after an FIR has been filed against him?
Justice Hegde: If a person accused of a crime claims they are not guilty, does that mean they are acquitted? Can anyone else, such as their party, claim they are not guilty? Once a criminal allegation is made, only a court of law can determine guilt or innocence - no one else can. Even a commission of inquiry cannot declare someone guilty or innocent. While a commission may provide a factual report, it cannot send someone to jail.
If the person accused is the superior head of the investigating agency, won't people suspect whether the investigation will be genuine? In my opinion, ethics dictate that when a person elected by the people faces allegations, the public will certainly have suspicions. Therefore, in all fairness, CM Siddaramaiah should resign.
IANS: Do you think the political scenario has changed? We saw Kejriwal, while serving as CM, go to jail without resigning.
Justice Hegde: It is very unfortunate in a democracy that a Chief Minister can be sent to jail for an offence and yet continue to govern, even from jail. There may be no law requiring resignation, but ethics demand that a person facing serious allegations should step down until the investigation is complete and the court decides the matter. Unfortunately, under the strict interpretation of the law, resignation is not required.
If this trend continues, even more serious charges in the future may not prompt resignations. It sets a dangerous precedent. Arvind Kejriwal did not resign, and now someone else is trying to do the same. In my opinion, this is a serious mistake by the CM.
IANS: It has been stated that there is no provision in the Constitution that requires a Chief Minister to resign. Do you think there is a need for an amendment?
Justice Hegde: Legally, I agree that unless the Chief Minister is arrested, they can continue in office. However, ethics require that a person facing serious charges should step down until proven innocent. It’s not only about following the law but also adhering to moral values and ethics.
IANS: How challenging is it for the office of the Lokayukta to investigate someone who is the head of the state?
Justice Hegde: The Lokayukta consists of investigating officers who are members of the Karnataka Police force, which is controlled by the Home Minister. In turn, the Chief Minister also has control over them. Can an accused person say they will be investigated by officers of their choosing? Can they select their investigating agency?
There is a perception that the Lokayukta is an independent body, and while this is true, the investigating officers are serving government officials whose careers may be influenced by the Home Minister or the Chief Minister. Therefore, even though they are independent, they can still be influenced.
After the Special Court for MLAs/MPs ordered the investigation to be completed within three months, it took only three days to file the FIR. The investigating officer claimed there were technical issues, but I doubt that.
The matter is clear. When a single-bench justice states that the investigation must be conducted under the CrPC and not the new law, it’s straightforward. Any delays are simply wasting time. In my opinion, the investigation will not be fair if it is conducted by local police officers, even those in the Lokayukta.
IANS: If the CM doesn’t resign, do you think the matter should be handed over to a central agency?
Justice Hegde: I wouldn't recommend that because the CBI also comes under the Central government, which could lead to further suspicion. Let the current investigating officers continue. Unfortunately, there is no truly independent third agency available right now. However, I would recommend creating an independent agency that is not controlled by either the Central or state governments to investigate cases like this in the future.