Mohinder Verma
JAMMU, June 10: Nearly 12 years after its coming into being, the Jammu and Kashmir State Accountability Commission (SAC) is all set to get the independent Investigation Wing with the Division Bench of State High Court today directing the Government to pass appropriate orders on the panel of officers selected by the Commission within two weeks. The DB further directed the State to obtain the approval of Chief Minister to the recruitment rules for the staff of the Commission and report the same to the court.
These significant directions were passed by the Division Bench comprising Justice Virender Singh and Justice Dhiraj Singh Thakur in a Public Interest Litigation (PIL) titled Sheikh Mohd Shafi Versus Union of India and Others.
As per the earlier directions of the DB, Senior Advocate Sunil Sethi, who was appearing for the State Accountability Commission, apprised the court that Commission has made selection of the officers from the panel submitted by the Law Department in consultation with the Home Department.
“The Accountability Commission after making selection of the officers remitted the matter back to the Government for issuance of necessary orders on the creation of independent Investigation Wing for the Commission”, he further submitted.
According to the official sources, the communication of the Accountability Commission dated April 25, 2014 was received in the Law Department on May 6 in view of the annual Darbar Move and till date no formal order has been passed by the Government on the creation of Investigation Wing.
“The Accountability Commission has selected IGP Sham Lal Sharma (IPS), DIG Bashir Ahmed Yatoo (IPS), SPs Mohammad Yaqoob, Ravi Kumar Gupta and Gulzar Ahmad for the Investigation Wing”, sources informed, adding “the Commission has also conveyed to the State through the same communication that Regulations of 2005 must be kept in mind while sanctioning staff for the Investigation Wing”.
As per the Regulations, the State is required to provide one Additional DG/IGP, two DIGs, four Superintendents of Police (SPs), four Deputy Superintendents (DySPs), 6 Inspectors, 12 Sub-Inspectors, 12 Assistant Sub-Inspectors, 24 Head Constables, 40 Constables, 6 Police Clerk and 7 Police Drivers by deputation for the Investigation Wing of the Commission.
After hearing counsel for the Accountability Commission, the Division Bench directed the State to pass appropriate orders within two weeks for providing Investigation Wing to the Commission. The DB further directed the Senior Additional Advocate General, Gagan Basotra to file status report in this regard within two weeks from today and asked the Registry to list the PIL in second week of July.
About the Recruitment Rules for the staff of the Accountability Commission, the DB was apprised that the rules for the staff have been finalized but as per the status report of the Law Department the same were lying with the Chief Minister for approval.
On this, DB directed the respondents to take approval from the competent authority for the finalization of the recruitment rules within a period of two week.
It is pertinent to mention here that the State Accountability Commission was constituted in 2002 and 12 years after its creation it is going to have separate Investigation Wing. The Commission is required to inquire into the grievances and allegations against public functionaries and the connected matter.
The Commission consists of a Chairperson and two Members. At present, Justice (Retd) Y P Nargotra is the Chairman of the Commission and Justice (retd) Hakim Imtiyaz Hussain is the Member of the Commission.
As far as creation of staff for the seven courts designated to handle the corruption cases, Advocate Sheikh Shakeel Ahmad said, “though the State Cabinet has ordered creation of 49 posts for these courts yet the process of filling up the posts is going on at snail’s pace”, adding “even advertisement was issued for engagement of retired Chief Prosecuting Officers for temporarily manning the posts but no further progress has been noticed till date”.
On this, Senior Additional Advocate General, Gagan Basotra submitted that only six applications were received against seven posts and the State will appoint them after considering their suitability and other factors.
However, Advocate Ahmad further submitted, “these courts were created in August last year with the objective to put the corruption cases on the wheels but the same could not be achieved till date”, adding “in the absence of staff the corruption cases are piling up”.
After hearing Advocate S S Ahmad and Senior AAG Gagan Basotra, Division Bench directed the State to expedite the process for filling up of 49 posts for the seven courts of Additional District and Sessions Judges and file status report within two weeks.
Trending Now
E-Paper
Follow our WhatsApp channel