“Emergence of grave corrupt practices including bribery of a judge by BJP candidate”

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The Congress on Friday approached the Election Commission of India to submit a memorandum demanding that the BJP candidate B Sriramulu be disqualified from contesting the Karnataka assembly elections. This was after the Congress released a stunning sting video allegedly showing Sriramulu trying to a bribe a relative of former chief justice of India.

Sriramulu
(HT File Photo)
In the ‘sting video’ released on Thursday, the Congress alleged that Sriramulu had bribed the then CJI, KG Balakrishna, in 2010 with a sum of over Rs 100 crore.

Addressing media in what was termed as an ‘explosive press conference,’ Karnataka Home Minister Ramalinga Reddy had alleged that just one day before the then SC judge retired, he passed an order in a case related to a mining company of the Reddy brothers.

The Congress petition to the Election Commission termed the development as ’emergence of grave corrupt practices including bribery of a judge by BJP candidate.’ Sriramulu is believed to be very close to the scam-tainted Reddy brothers and was widely credited with helping the BJP win its first-ever state in south India in 2008 even though the BJP lacked the majority in the assembly.

G Janaradhana Reddy has been barred from entering Bellari by the Supreme Court. The BJP has given as many as eight tickets to the relatives of Janardhana Reddy in this year’s assembly elections in Karnataka. Sriramulu is contesting from two constituencies namely Molakalmuru and Badami (against Karnataka Chief Minister Siddaramaiah) in the 12 May assembly polls.

 

Here is the memorandum submitted by the Congress to the EC.

MEMORANDUM
May 11th, 2018

To,
Chief Election Commissioner and his Companion Election Commissioners of India,
Election Commission of India,
Nirvachan Sadan,
New Delhi 110001

RE: EMERGENCE OF GRAVE CORRUPT PRACTICES INCLUDING BRIBERY OF A JUDGE BY BJP CANDIDATE, B. SRIRAMULU IN A STING REVEALED BY KANNADA MEDIA

On behalf of Indian National Congress, we the undersigned, are compelled to bring to the attention of the Hon’ble Election Commission, significant and shocking evidence, released by the Kannada media on the evening of May 10th, 2018, which clearly disqualifies Shri. B. Sriramulu as a candidate from contesting the upcoming Karnataka Election and warrants immediate exercise of the EC’s constitutional powers under Article 324 of the Constitution of India. The evidence gives rise to serious questions and allegations about certain heinous and deplorable criminal activities being indulged in by the BJP’s candidate Shri. B. Sriramulu [BJP candidate for Molakalmuru as well as Badami Assembly Constituencies in Karnataka]:

1. This clear cut evidence relates to grave corrupt practices including attempting to bribe a Supreme Court judge. It goes without saying that even on a cursory viewing of this incriminating evidence, a clear-cut case for the cancellation of the candidature of Shri B Sriramulu is made out for both the seats being contested by him in the upcoming Karnataka Elections.

2. In a forty-minute video that has been made public and broadcast widely in the regional Kannada media on the evening of May 10th, 2018, it is clearly seen that the candidate Shri. B. Sriramulu and three other individuals (identified as G. Janardhan Reddy, Captain Reddy and Swamiji) are seen sitting with the son-in-law of a former Chief Justice of India. The discussions between them, as seen in the video and reported by the media, relate to the payment of money to the Son-in-law to secure a favourable judgment of the Supreme Court for the Reddy brothers. Upon viewing the video, there can be no doubt as to the agenda of the meeting taking place.

3. Your good offices are aware that polling for Karnataka Assembly Elections is to take place on 12.05.2018. It is the sacred Constitutional responsibility of the Hon’ble Election Commission to ensure that the integrity of the Karnataka Assembly Elections is paramount and no individual or party to which he may belong, is above the process of the law.

Background
4. To fully understand the seriousness and genuineness of the charge being made, we need to recall the history of the Reddy Brothers’ mining operations and the legal charges that they are facing. As highlighted by the damning report of Karnataka Lokayukta and former Justice of the Supreme Court, Justice Santosh Hegde in July 2011, the Obalapuram Mining Company (OMC owned by Janardhan Reddy and co.) has been indicted as having engaged in illegal mining in the State of Karnataka and Andhra Pradesh. The total amount of loss to exchequer has been calculated by the learned Lokayukta at a stunning Rs. 35,000/- crores.

5. Prior to that in the year 2009, OMC was charged with removing boundary pillars between the State of Karnataka and Andhra Pradesh to increase the reach of its mining operations. In the month of November 2009, the Government of Andhra Pradesh issued an order prohibiting all mining operations of OMC. This matter was the subject matter of challenge first before the Andhra Pradesh High Court and then the Supreme Court.

6. This video is marked as having been shot in 2010. The same year when the appeal on the case first came up before the Hon’ble Supreme Court. We must indeed point out that there was indeed a favourable finding by the Supreme Court allowing the Reddy brothers to continue their operations. This order came despite a Survey Report (based on a Survey conducted on the recommendation of the Supreme Court itself) strongly advising otherwise. In other words, the chain of events is supported by the sequence of events available. The Hon’ble Commission may draw its own inferences from the record which is publicly available.

7. It must be pointed that the given the unprecedented nature of the charges and the numerous violations of the law it attracts- be it under the India Penal Code 1860, the Prevention of Corruption Act 1988 and even the Representation of Peoples Act, 1951- it must be examined immediately and thoroughly. It is a disservice to the democratic process per se and the elections being conducted, if in the light of this compelling evidence, the BJP candidate Shri. B. Sriramulu is still allowed to contest the upcoming elections. If no action is taken, it will soil the ‘Ganga’ of democracy as also the accountability of the Election Commission to ensure a free and fair election in the state of Karnataka.

8. It is noteworthy to recall that in April 2017 this Hon’ble Commission has held that candidates promoting corruption are to be treated on par with those charged with heinous crimes and must be barred from contesting polls for a certain period.

9. As a matter of fact, in April 2017 following the first attempt to conduct the RK Nagar bypoll in Tamil Nadu, this Hon’ble Commission had indicated its plans to push for disqualification of candidates who offered bribes to voters. In fact, even before any election had taken place, the Hon’ble Commission took immediate action. The reasoning employed by the Hon’ble Commission was that there had been vitiating effect on the voter’s reasoning and that had to be undone. The reason this example is relevant is that before this laudable decision was taken by the ECI, the only evidence available was newspaper reports and videos obtained from sting operations. There was no formal investigation before the decision was taken. Yet the learned ECI knew that to allow the Election to be conducted while some individuals were more than prima facie found to be tainted, would be a disservice to the Constitution per se.

10. It is also crystal clear from recent illustrations that the Hon’ble Commission has a zero-tolerance policy towards candidates who engage in corrupt practices. It is also clear that the Hon’ble Commission enjoys vast and expansive powers under Article 324 to arrive at justiciable solutions to ensure that the integrity of the electoral process is not compromised. In this case, the only available remedy compatible with the principle of zero-tolerance towards allegations (and evidence) of corruption, is the disqualification of the BJP candidate named herein.

11. That surprisingly, ECI/CEO Karnataka has proceeded to grant an injunction banning the Kannada Television Channels from playing the tapes instead of taking action against Shri B Sriramulu. Needless to add that this order is neither in the letter and in the spirit of the Constitutional powers now is it warranted by facts and precedence brought out above.
Prayer
We therefore, humble and respectfully, seek the following directions from the Hon’ble Commission –
• To take all such actions as may be necessary and required in law and direct immediate barring/disqualification of Shri. B. Sriramulu from contesting Karnataka Assembly Elections 2018; and

• To take all such actions as may be necessary and required in law including direction for registration of offences against Shri. B. Sriramulu, for violation of provisions of the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988; and

• To direct CEO Karnataka, to lift any injunction on the Kannada television channels or other media from showing; and playing the tapes.

• To take all such actions as are necessary in law for holding a free and fair Elections to the Legislative Assembly of Karnataka;

Yours Truly,

1 COMMENT

  1. This reflects the extent of corruption in the state. The right wing party seems willing to go to any extent to gain votes

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