The Congress government in Karnataka has asked the investigation commissions to submit detailed investigation reports within three months.
Karnataka Cabinet gives nod to name 12th century Social reformer Basavanna as the cultural leader of Karnataka in the cabinet meeting held in Bengaluru on Thursday. (supplied)
On the eve of the 100 days of the Congress government in Karnataka, the Siddaramaiah government took decisive action on Saturday, 26 August, by establishing two distinct inquiry commissions to probe the alleged 40-percent commission and irregularities in the Covid-19 management during the previous BJP government.
These commissions, headed by retired high court judges, have been tasked with investigating the two crucial allegations which have drawn considerable attention in recent times.
The first commission is set to delve into the allegations put forth by the Karnataka State Contractors Association (KSCA) president D Kempanna concerning purported instances of a 40-percent commission — 40 percent of whatever the contractors were supposed to have been paid by the government — in several projects in the previous Basavaraj Bommai government.
The second commission is mandated to scrutinise the alleged irregularities that transpired during the management of the Covid-19 pandemic.
The government has asked both the commissions to submit detailed investigation reports on the aforementioned allegations, within three months.
It may also be noted that in the run-up to the 2023 Karnataka Assembly polls, the Congress’ Karnataka unit had promised probes into all the allegations, including a 40 percent commission on the BJP if voted to power.
These contentions, mainly the commission allegations, turned out to be one of the biggest weapons for the grand old party to dethrone the BJP by registering a stellar victory in the recently concluded Assembly polls.
Nine days after initiating an inquiry into allegations of a 40 percent commission against the previous BJP government, the Congress administration reversed its prior decision and established a new commission to investigate the said commission allegations.
The new inquiry commission, led by retired Justice HN Nagamohan Das of the Karnataka High Court, has been appointed by the Siddaramaiah government.
The panel’s primary task is to delve into the 40 percent commission claims raised by Kempanna against the Bommai government.
The state government emphasised that Kempanna, as the head of KSCA, had written letters to both Prime Minister Narendra Modi and the then Karnataka chief minister Bommai detailing allegations of 40-percent commissions, a prevalent “package culture”, and the payment of 25-30 percent commissions to elected officials before the commencement of projects.
Despite these communications, no governmental investigation was initiated.
The inquiry commission would probe into several crucial departments, including Public Works, Water Resources, Urban Development, Rural Development, and Panchayat Raj, as well as Minor Irrigation.
The investigation would specifically focus on alleged irregularities in the tender processes, adjustments to project estimates, the existence of the aforementioned “package culture,” and the disbursement of remaining funds.
These serious allegations by KSCA’s Kempanna prompted the state government to investigate their validity extensively. The inquiry commission has been established under the Commission of Inquiry Act 1952.
The commission has been tasked with examining various aspects of the allegations, including whether projects received administrative approval in accordance with regulations, the quality of executed works, the accuracy of project estimates, and the possibility of artificially inflated quantities in these estimates.
Additionally, the commission will investigate whether bills were cleared without corresponding work completion or if excessive payments were made for quantities beyond those approved. The fairness of tendering rules and potential bias towards specific contractors will also be scrutinised.
The government further directed the inquiry commission to address any significant irregularities that may arise during the course of the investigation.
Earlier this month, Kempanna told reporters that he had all the evidence against the allegations he made on the previous BJP government. “I will submit the evidence before the commission,” reiterated Kempanna.
Meanwhile, the Siddaramaiah government rescinded the previous inquiry committee, led by retired Justice B Veerappa, which was established on 17 August to investigate the 40 percent commission allegations against the previous BJP government.
In a bid to address the serious allegations made by the Public Accounts Committee (PAC) of the 15th Legislative Assembly in 2021, the Karnataka government established an inquiry commission to probe the alleged irregularities in the Covid-19 management during the previous government on Saturday.
The inquiry commission will be led by retired Judge Justice John Michael D’Cunha.
The establishment of this commission is a meticulous response to the concerns raised by the Legislative Assembly’s Public Accounts Committee during the previous BJP government.
ಕೊರೊನಾ ಕಾಲದ ವೈದ್ಯಕೀಯ ಉಪಕರಣಗಳ ಖರೀದಿ, ಆಮ್ಲಜನಕ ನಿರ್ವಹಣೆ ಮತ್ತು ಆಮ್ಲಜನಕ ಕೊರತೆಯಿಂದ ಉಂಟಾದ ಸಾವುಗಳು ಸೇರಿದಂತೆ 2021ರ ಲೆಕ್ಕಪತ್ರ ಸಮಿತಿಯು ನೀಡಿರುವ ವರದಿಯಲ್ಲಿನ ಗಂಭೀರ ಆರೋಪಗಳ ಬಗ್ಗೆ ತನಿಖೆ ನಡೆಸಲು ಹೈಕೋರ್ಟ್ನ ನಿವೃತ್ತ ನ್ಯಾಯಾಧೀಶರಾದ ಜಾನ್ ಮೈಕಲ್ ಕುನ್ಹಾ ಅವರ ನೇತೃತ್ವದಲ್ಲಿ ತನಿಖಾ ಆಯೋಗವನ್ನು ನೇಮಿಸಲಾಗಿದೆ.
-… pic.twitter.com/unSRMOy6Ym— CM of Karnataka (@CMofKarnataka) August 26, 2023
The PAC report of August 2021, led by Congress leader HK Patil, who is currently the Minister for Law and Parliamentary Affairs, and Tourism, made significant allegations about irregularities in medical procurement during the previous BJP-led government’s handling of the Covid-19 pandemic.
The government’s notification emphasised the commission’s authority under the Commission of Inquiry Act of 1952.
The inquiry commission is expected to investigate the alleged misconduct in procuring medical resources, equipment, and materials within the health and medical education departments. This includes probing oxygen management and reported fatalities due to oxygen shortages in the state.
Empowered by the Commission of Inquiry Act of 1952 and the Code of Civil Procedure, the commission has to conclude its comprehensive investigation and submit a detailed report within three months.
The government has ensured the cooperation of relevant departments, offering necessary documents and support. The commission can involve an independent agency for quality testing, underscoring its commitment to a thorough examination.
On the state government launching probe, Deputy Chief Minister DK Shivakumar told reporters: “I would not like to comment on the matter. The person concerned will speak.”
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