Can the evidence in a pen drive form the basis for taking action against 191 police officers indicted in the Lokayukta report on illegal mining?
This and the fact that the home department could not come up with evidence substantial enough to necessitate action against these officers, could come to the help of the Karnataka government to give them a clean chit despite the fact that they have been named in chapter 28 of the report.
The 191 officers include eight superintendents of police (SP), eight additional SPs and 21 deputy superintendents of police (DSP). Coming to their assistance is a 30-page investigation report submitted to the DGP on Saturday by preliminary inquiry officer V.S. D’Souza who was appointed by the home department. This newspaper accessed the report which said that disciplinary action could not be taken against the 191 officials and cited lack of evidence. The report also said that chapter 28 was solely based on a copy of a “pen drive”.
According to the findings in the report by the inquiry officer, there is no evidence of illegal mining, storage, transportation and export of ore in Karnataka. Karapudi Mahesh, one of the key figure in the illegal mining scam has not received any illegal gratification from miners nor has he paid any money to government officials including the 191 police officials, said the officer. Chapter 28 of the Lokayukta report says that Mahesh collected money from different mining owners/operator-s/transporters promising them illegal favours.
“There are no documents/evidence to show that the pen drive seized belongs to Kharapudi Mahesh and no evidence to show that the premises from where the pen drive was seized, was in the possession of Mahesh,” the report states.
The report further said that “Dr U.V. Singh, then inquiry officer in the Lokayukta, has failed to take a printout of the contents of the pen drive which he received from the income tax department. Dr Singh in his statement has categorically stated that the printout taken by him from his personal computer was rearranged. This means, chapter 28 of the Lokayukta report does not match with the original contents of the pen drive.”
Before coming out with his report on the 191 officials, Mr D’Souza took the statements of U.V. Singh, T. Shiva Selvi, income tax officers, Karapudi Mahesh and two other witnesses.
The inquiry officer has also blamed U.V. Singh for his “shabby inquiry”. “It was the duty of Mr Singh to collect and record all the evidence and documents before submission of the report mentioned in chapter 28. Mr Singh has failed to collect documentary evidence regarding collection/distribution of illegal gratification.”
When the pen drive was seized by the income tax department officials, no mahazar regarding its contents was conducted. After income tax officer Shiva Selvi seized the pen drive, it changed many hands before reaching U.V. Singh, the report said.