Neeraj Rohmetra
JAMMU, July 15: Retaliating to the cynicism of various Legislators over working of the Backward Commission, Chairman Justice (retd) A M Mir has stated that these politicians weren’t aware about the working of the institution, which is an autonomous body and have never read the law, which governs the functioning of the Commission.
“Further, despite the fact that all these Legislators were sent a copy of Rules of Business and a resume about the working of the Commission, the complaining leaders have never read the law or the resume sent to them. The Commission says so because had that been done, the case before EXCELSIOR would have never been projected in its present form (as reported on July 11 issue)”, says the four page statement issued by the Chairman Justice Mir.
The documents states, “while Commission will definitely provide succor to deserving far flung areas and really backward classes. But, at the same time it cannot be allowed to be used as an instrument for appeasement of any body’s vote bank”.
“On April 9, 2013, the Commission while sharply noticing the anxiety of some of the Legislators shown in the Legislative Council on April 4, 2013(published in Daily Excelsior dated April 5, 2013), held an extra-ordinary meeting”, the statement says adding, “it was genuinely felt that remarks of some legislators arose out of ignorance of working pattern and problems of the Commission. Thus a decision was taken to send a copy of Rules of Business and a resume to each Legislator”.
As a result of the decision, Copies of rules and resume were sent to Speaker of Legislative Assembly and Speaker of Legislative Council respectively for distribution among all Legislators. “In its resume, the Commission had made a fervent appeal to the complaining representatives to ask the real application to appear and follow their cases with the Commission”, the statements say.
The documents further add, “it is oblivious that complaining leaders have never read the law on the subject or the resume sent to them”.
Reacting to views expressed by Congress Legislator regarding the revision of list of reserved areas, the Chairman says, “one of the learned legislators has frowned upon the Commission for the reason that the Commission has omitted to revise the existing lists. The learned ‘legislator’ before leveling such an allegation against the Commission didn’t bother to know as to who has the power to revise the list. It is the Government not the Commission, which is empowered to make revision of the lists”.
While referring to the Legislator from Mendhar, whose letters addressed to the Commission weren’t replied, the Commission says, “the representations (as laid down in Rules of Business & Procedure) made by public representatives are decided on solid and positive proof of backwardness of respective areas. The Commission always has been giving due regards to the letters written by local leaders, which are always ordered to form a part of the record. But this never means that cases can be decided without any proof merely on the letters of recommendation of the politicians”.
Regretting the state of affairs, the Chairman admitted, “the Commission regrets its inability to reply each and every letter, which it received from individuals. The readers will be stunned to know that the Commission has only on ailing clerk hardly capable of discharging any duty and has no stenographer. With virtually no staff available, it is not possible to reply all the letters written by individuals, with whom the commission is always flooded”.
Elaborating further over working of Commission, the Chairman while referring to the cases relating to Mendhar, Rajouri and Poonch said, “the Commission has so far been placing reliance on the report submitted by Revenue Department. However, in case of Rajouri district, the Revenue Department has submitted information in only three cases while it is yet to respond in 93 cases. In Poonch district, the Department hasn’t submitted any information in all 38 cases”, adding, “one is at a loss to understand as to how these cases could be decided in absence of any proof including the revenue report”.
The present Chairman Justice A M Mir joined on July 1, 2011 and the Commission didn’t have any member up to December 20, 2012. “Obviously, no transaction could be undertaken by the Commission from January 9, 2011 to December 20, 2012”.
“The Commission requests the leaders of different political organizations to ask their people to approach the Commission to pursue their cases and render the assistance required by the Commission. The body comprises legal experts, who form an autonomous body and not a subordinate office of the Government”, he statement added.
It is pertinent to mention here that several Legislators including Javed Ahmad Rana, Khalid Najeeb Suhrawardy (both from NC) Jehangir Mir, Ravinder Sharma (both from Congress) and Chairman Panthers Party, Harshdev had criticized the Commission for its inability to include several far flung areas in the Backward Area category.
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