Accountability of the Accountability Commission

When the cardinal principle and the ultimate objective of formulation of institutions show inanity both in its performance as well as the sense of urgency to attend to issues, it is unfortunate and comments upon the mechanism of supervision of those in power to whom such entities report.
The Accountability Commission was constituted under J&K State Accountability Commission Act 2002 to inquire into grievances and allegations against the government functionaries and became functional with effect from June2, 2015 and former Judge of Supreme Court Justice R.P.Sethi as its first chairperson. Strangely amounting to scissoring the size of its wings, the government went to the extent of amending the said Act to divest the Commission of the powers to enquire into the allegations against the government functionaries. In other words and in simpler parlance that amounts to legally asserting “Touch me Not” or to be more precise “Dare Touch Me Not” and therefore, obtaining licence for indulging in corrupt practices.
Instead of arranging by a statute or a legislation more powers for the Commission, the Commission was disempowered gradually resulting in it being just like a huge tiger sans sharp teeth and piercing claws. Such offloading of powers and activities is perhaps rarely to be seen especially in a state like Jammu and Kashmir which is infested deep with corruption. Hence “fighting corruption” and having “zero tolerance” for corruption and misusing of holding government office of whatever level are all empty truisms and hollow narrative.
While it is a matter of relief that the Division Bench of the State High Court in suo -motu proceedings set aside the judgment of single Judge and held that the Accountability Commission has the powers to initiate suo-motu proceedings against the Chief Minister , Cabinet Ministers and Legislators, at the same time it is rued that the government should prefer an appeal in Supreme Court to snatch the powers of the SAC. They should not forget that the stream flows from higher level to the lower level and it should flow clean and virtuous.

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