Supreme Court Highlights Irony of Corruption Allegations Against IPS Officer Serving in Lokayukta
SC cancels anticipatory bail granted to IPS officer Srinath Joshi Mahadev, orders him to surrender in three weeks
The Supreme Court has canceled the anticipatory bail granted to a Superintendent of Police in Karnataka Lokayukta Police in an extortion case. A Bench of Justices Sanjay Kumar and Sanjeev Sachdeva expressed surprise over the fact that an officer of Lokayukta police was being accused of corruption when the institution was set up to tackle corruption.
“As the very objective of the said establishment is to check corruption, the allegation against the respondent to the effect that he is himself a part of such corruption, warranted serious consideration,” the bench said.
The order came on October 29 on appeal by the Lokayukta Police against an order of the Karnataka High Court dated September 20,t he Court directed the officer to surrender before the authorities within three weeks.
“He would be at liberty to seek regular bail thereafter, in accordance with law before the appropriate forum,” the Court added.
“Given the rank of the respondent who is a member of a uniformed service, he is not entitled to claim parity with a layman who merely seeks protection from being arraigned as an accused in a criminal case and being investigated or arrested,” the bench noted.
It said Mahadev was “of the rank of no less than the Superintendent of Police”, had serious allegations of abuse leveled against him and that too within the Lokayukta.
An FIR was lodged in June 20,t he petition with the Prevention of Corruption Act. The FIR said Ningappa Savantha, a police constable dismissed by his employer for unauthorized absence from service, impersonated himself as an official of the Lokayukta’s office to extort money from public servants through threats.
While Mahadev was not initially accused of wrongdoing, he was later implicated on the basis of Savantha’s disclosures to the police.
The prosecution told the High Court that Mahadev and Savantha were communicating and Savantha used to visit the Lokayukta office to meet Mahadev. The trial court twice rejected Mahadev’s anticipatory bail applications in June and July 20,t he High Court thereafter granted relief holding that since Mahadev had already appeared before the Investigating Officer as per the notice served to him and since he had not been arrested till then, there was no apprehension of arrest.
In the Supreme Court, it was highlighted that two mobile phones recovered from Mahadev were tampered with and extensively damaged. Forensic report was awaited on the two handsets when the High Court passed the impugned order.
The Supreme Court while hearing the arguments observed that Mahadev needed to surrender in light of the above facts and set aside the bail order passed by the High Court.
Advocates Vikram Hegde, Trishan Dollny and Akshit Singla represented the Lokayukta Police. Senior Advocate Gaurav Aggarwal assisted by advocates Sanjay Jain, Shankar Hegde and Sunny Sachin Rawat appeared for the officer.
