The greatest cover-up in Karnataka may just be under way. Two months after the state cabinet decided to take action against all 617 officials named in the Lokayukta report on illegal mining, a "preliminary inquiry" by a top police officer concluded there is no evidence that bribes were paid to 191 indicted police officers, sources in the home ministry revealed.
The probe conducted by the DCP (Intelligence ) of Bangalore VS D'Souza also concluded the indicted police officers did not demand any illegal gratification without even questioning even one of these officials.
Chapter 28 of the Lokayukta report compiled by UV Singh, chief conservator of forests and senior IFS officer, named these 191 police officers. Singh obtained the names of these officers from a pen drive seized by the incometax department from the premises of Kharapudi Mahesh, alleged to be the kingpin of illegal mining operations and aide of arrested mining baron G Janardhana Reddy.
Mahesh allegedly collected money from different mining owners/ operators / transporters, promising them illegal favours and paid bribes to officials. But, the D'Souza report concludes there aren't enough grounds to prove such charges. "There are also no documents /evidence to show that the pen drive seized belongs to Mahesh, and no evidence to show the premises from where the pen drive was seized, was in Mahesh's possession," the report added.
Instead of questioning the police officers named, the inquiry trashes the entire chapter by focusing on "technically flawed seizure of IT authorities" , the unknown identity of an alleged employee of Mahesh who signed the panchanama of the department and differences between the accounts of the panchnama witnesses and I-T authorities.
One reason adduced for the conclusion is that Mahesh is a semi-literate person and has little idea about operating computers and "hence the said incriminating entries were made by someone else" . The inquiry goes on to find fault with Singh for failing to find out "who the computer operator could be and how he/she came across this information" .
The report also found fault with Singh, and dubbed his investigation "shabby'' . "The report said the Lokayukta failed to conduct mahazar when the income-tax department officials seized the pen drive, as it was mandatory. The pen drive had changed many hands before reaching Singh and he too failed to take a printout of the contents of the pen drive, which he received it."
The preliminary inquiry report, which is now with the home department , was given in December and is expected to absolve the police officers.
The home department, however, has maintained status quo by not ordering any further action. But observers pointed out that status quo in itself could mean the indicted officers would remain undisturbed despite facing grave charges.
HEART OF THE MATTER
Chapter 28 of the Lokayukta report named 617 officials, including police officers, as beneficiaries of illegal gratification from the illegal mining mafia.
The chapter was prepared by UV Singh, chief conservator of forests and senior IFS officer, who based his findings on incriminating entries found in a pen drive seized by the income-tax department from the office of Karapudi Mahesh on Oct 25, 2010.
The Lokayukta and the directorgeneral , income tax, Bangalore decided in January 2011 to exchange information and records seized for the benefit of both organizations. Singh received the pen drive from the I-T department on February 21, 2011.
The preliminary probe in its haste to trash the Lokayukta report and absolve the 191 police officers of any wrongdoing says this "gap of four months" between the seizure of the pen drive and its handing over to Singh has not been explained and concludes that " it might have been tampered with" .
SOME SELF-DOUBT TOO
While categorically stating there is no sufficient evidence to initiate action against tainted police officers under Rule 6 of the Karnataka State Police (DP) Rules, the inquiry officer hastened to add that "the quality of evidence is inadequate" and "going in for department proceedings against the said officials will be futile unless more corroborating evidence is unearthed" .
"I am of the view that further evidence in the form of bank statements of Kharapudi Mahesh, contents of ledgers, khata maintained by him and the statements of the persons who had actually witnessed the payments of bribes need to be recorded before registering any case," sources cited D' - Souza as saying in his report.