`Government and courts are the obstacle'

Interview with Justice N. Venkatachala.

The picture of Justice N. Venkatachala, Karnataka Lokayukta, grilling an official who has just walked into a trap laid for him by anti-corruption sleuths is a familiar front-page offering in Karnataka's newspapers. He is perhaps one of the few public officials who is perpetually in the eye of the storm, and for all the right reasons. Since taking over as Lokayukta in early 2002, Justice Venkatachala has led the fight against official corruption from the front, and, for that reason, is a figure both reviled and respected. That he has galvanised the office of the Lokayukta is an undisputed fact. Justice Venkatachala speaks about the phenomenon of corruption and the obstacles that have prevented him from carrying his fight to the highest echelons of government.

Excerpts from an interview Justice Venkatachala gave Parvathi Menon:

The findings of a recent survey by Transparency International made front-page news in Karnataka as the State was declared the fourth most corrupt in India. You have been conducting a virtual war against corruption over the last four years. How would you react to the survey findings? They are, as you know, based on a sample survey of people's perceptions on how a specified set of public institutions function.

I can't say that what is stated is untrue. Indeed, it would be impossible to deny their findings. As you say, these are people's perceptions, but then who else but the people can give us an idea of how corrupt public servants are?

Earlier people had neither the awareness nor courage to speak out about corruption. Now they do. Look at the Transparency International survey results. It says that Kerala is the least corrupt State. That is because ordinary people [in Kerala] are educated and aware of their rights in a democracy, and are therefore willing to speak out when they encounter corruption.

I think the survey results are a slur on this State, and I believe we can overcome this state of affairs, by creating education and awareness on the part of the people. They must know that they have a channel for relief. Only then can we prevent public servants from indulging in corruption.

This is your last year as Lokayukta and the public is well aware of your relentless crusade against corruption in government. Do you believe you have made any dent in corruption? Have your actions acted as a deterrent to public servants from indulging in corrupt practices?

Yes, I think we have become a deterrent in respect of corruption. In my four years in office I have redressed more than 40,000 cases of misconduct and public grievances of various kinds. But to actually take action against the corrupt we need the cooperation of the government and the courts, and this has not been forthcoming. When I first took over, officials had opened shops in their offices. At each table an individual had to pay a certain rate. Now they dare not ask for bribes openly as they used to do. Corruption takes place secretly. There is what is known as collusive corruption - you scratch my back, I scratch yours - which is very hard to trap. But I would say that the very fact that there are more complaints - 25 to 30 each day - coming before me suggests that awareness is growing. There is huge corruption still in the delivery of the various poverty alleviation schemes, and the problem of corruption starts from the level of the village accountant and panchayat secretary.

Why is it that despite all your efforts, there have been very few instances of action being taken against a public servant whom you have caught committing an act of corruption?

Well, for two reasons. The accused go to the courts, and the government does not always take action against them. When we try to take action against offenders, our efforts are often frustrated. I think that the government has no stake in rooting out corruption. Once they come to power, they sweep the issue of corruption under the carpet, they never speak about it. In fact, in politics you often start your career with an act of corruption. Most candidates do not file truthful returns on election expenses. All this is apparent to the eye.

What has been the biggest obstacle in your drive against corruption?

The government and the courts. For example, I had unearthed a scam in which Rs.232 crores was withdrawn by district registrars supposedly for city municipal councils. One of the persons involved was not even a registrar at the time of the withdrawal, but he antedated bills of Rs.70 crores. The government did not take action against them, which in my view establishes a nexus between two parties with vested interest. The accused then went to court and obtained a stay order.

One of the criticisms against you is that you target petty corruption by junior officers. The big fish escape your net.

Of course, I am catching the big fish. There have so many senior IAS [Indian Administrative Service] officers who have been caught. Recently, we set a trap and caught the Deputy Inspector-General, Stamps and Registration in the act of accepting a bribe. One of the problems I encounter is that I am not given suo motu powers to proceed against anyone. I can only act on the basis of a complaint, and very few people are willing to lodge a complaint against a senior or powerful official. In fact, the Supreme Court in numerous judgments has said that courts should not interfere in corruption cases. I have asked for suo motu powers to be given the Lokayukta even if the Act needs to be amended for this.