*Big question mark on Govt’s intention to fight corruption
Mohinder Verma
JAMMU, Aug 14: In what could be termed as a big question mark on the Government’s intention to probe allegations of corruption and malpractices against public functionaries, State Accountability Commission is all set to become defunct from August 20 due to the failure of the Government to initiate timely exercise for appointment of its new Chairperson and Members.
Official sources told EXCELSIOR that present Chairperson of the State Accountability Commission, Justice (Retd) Y P Nargotra and its Member Justice (retd) H Imtiyaz Hussain, who were appointed in August 2011, are completing their three years term on August 20, 2014 as per the provisions of the Jammu and Kashmir State Accountability Commission Act, 2002.
Following the completion of their term, this vital Commission will meet the fate of several other such bodies in Jammu and Kashmir as no exercise has so far been initiated by the Government to make appointment of new incumbents, sources said.
“Not only the State Accountability Commission will become defunct from August 20, there will also be a big question mark on the intentions of the Government to probe allegations of corruption against the public functionaries as the Government was duty bound to begin the exercise for appointment of new incumbents well in time instead of turning blind eye towards the same”, they said.
In terms of Section 4 of the Jammu and Kashmir Accountability Commission Act, the appointment of Chairperson and the Members is to be made by the Governor on the recommendation of a Committee consisting of Chief Minister, Speaker of Legislative Assembly, Chief Justice of State High Court, Law Minister and Leader of Opposition in the Legislative Assembly.
Though only six days have been left for the expiry of term of present Chairperson and one Member of the Commission, the Select Committee has not met till date despite the fact that it is only on the recommendations of this Committee that Governor makes appointment by warrant under his hand and seal, they said, adding even the oath to the Chairperson and Member(s) is administered by the Governor and the tenure of Chairperson and Member(s) begins from the date they assume the charge of the post.
Questioning the intention of the Government towards keeping Accountability Commission functional, sources said, “the Division Bench of State High Court in a Public Interest Litigation titled Sheikh Mohammad Shafi and Another Versus Union of India and Others had on July 8, 2014 directed the Government to immediately take steps for appointment of Chairperson and Member of the Commission but the concerned authorities remained slept over the directions for several days instead of ensuring prompt action”.
More than one month after the directions of the High Court, the Law Department through a status report apprised the High Court today that meeting of Select Committee was proposed to be fixed on August 12 but due to pre-occupation of Chief Justice the meeting could not be fixed and the Secretariat of the Chief Justice has been requested to convey/suggest any other date for the meeting as per the convenience of Chief Justice and his availability at Srinagar.
Why the meeting of Select Committee was proposed to be held only few days before the scheduled date for the listing of PIL before the Division Bench? sources asked, adding had the Government been serious enough to ensure that State Accountability Commission doesn’t become defunct it should have convened meeting of the Select Committee within days of the issuance of directions by the High Court on July 8, 2014.
During the course of hearing in the PIL today, Advocate Sheikh Shakeel Ahmad, counsel for the petitioner, during the course of arguments before the Division Bench comprising Justice Virender Singh and Justice Tashi Rabstan questioned the seriousness of the Government towards strengthening Commissions like SAC.
“Ever since the constitution of the Accountability Commission the successive Governments including the present one never tried to ensure smooth functioning of this vital body”, he said, adding “it was only due to the intervention of the High Court that process was initiated for providing investigating wing to the Accountability Commission and necessary staff to the State Vigilance Commission”.
“Whatever infrastructure is available with the Accountability Commission and Vigilance Commission is only due to the indulgence shown by the High Court and the conduct of the State Government stands already deprecated by the Division Bench headed by Chief Justice, who in various orders has dubbed these Commissions as white elephants and flyovers without connecting roads”, he said.
Senior Advocate Sunil Sethi appearing for the Accountability Commission submitted that this court being constitutional court can pass orders for continuation of the present team till the appointments of new incumbents and the same will not amount to reappointment. He strenuously argued that since this Commission is highest anti-graft body against politicians so keeping this Commission without Chairperson and Member would be against larger public interest.
However, Senior Additional Advocate General, Gagan Basotra opposed the same on the ground that State High Court cannot pass directions contrary to the laws framed by the Legislature.
After hearing all the sides, the Division Bench observed in the open court that detailed order would follow.
It is pertinent to mention here that Accountability Commission was constituted to eradicate the vice of corruption, favouritism, nepotism or lack of integrity besides to maintain probity, transparency and improving the efficiency in public services.
Notwithstanding its significance, the Accountability Commission always received less importance from the respective Governments. Earlier, the Commission remained nonfunctional for over two years following completion of term of the then Members-Justice G L Raina and Justice Muzaffar Jan and thereafter its functioning was marred due to non-availability of adequate staff.
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