*Judiciary playing crucial role in much needed fight
Mohinder Verma
JAMMU, Dec 8: An old adage–“There is a world of difference between precept and practice” holds true for Jammu and Kashmir especially in the context of fighting the deep rooted menace of corruption, which otherwise has earned bad name to the State in the country. Whatever has been stated officially and whatever methodology evolved till date has failed to make any major change in the prevailing situation mainly because the focus remained only on creating one after another institution with the objective of combating and preventing this nuisance but not on making them functional in real sense.
The respective regimes in the State while talking high about necessity of fighting this menace with tooth and nail, framed many anti-corruption institutions but these institutions failed to bring any perceptible change and the situation continues to be grim with common masses still becoming fodder cannon for the monster of corruption. This is because no focus was ever laid on strengthening of such bodies.
Citing the examples, sources said that the State Accountability Commission, which came into being in 2002 with the nod of the both Houses of State Legislature to inquire into grievances and allegations against public functionaries failed to come up to the expectations of the people mainly because no step was ever initiated to empower it fully.
For quite long time this Commission remained totally defunct because of indifferent attitude of the Governments and now when it has full bench, it is crying for suo-moto powers to take cognizance of the credible information without any formal complaint so that corrupt public functionaries are taken to task.
Similarly, State Vigilance Organization, which comes under State Vigilance Commission, is clamoring for reorganization of its structure with sufficient manpower for quick disposal of the FIRs. In the absence of proper mechanism and supervision, even the institution of Departmental Vigilance Officers (DVOs) is not coming up to the expectation.
This is mainly because the DVOs are also required to handle their routine duties assigned to them by their senior officers and the complaints of corruption attract their attention only when they find sometime from their routine duties. Had these DVOs been acting as per the powers conferred upon them under the Rules, the fate of 147 departmental enquiries involving hundreds of officers could have not been hanging in balance till date.
There are also institutions, which were approved by the State Legislature but failed to see light of the day despite lapse of considerable period of time. In 2010, the State Legislature enacted Jammu and Kashmir Municipal Ombudsman Act, 2010 with the objective of checking complaints of mal-administration and corruption in the Urban Local Bodies (ULBs) of the State. Unfortunately, till date Ombudsman has not been appointed.
Similarly, the State Legislature in the year 2014 enacted Act for creation of Ombudsman for Panchayats. This was found imperative on the ground that since State Government has devolved powers of 14 departments to the Panchayats there is a need for having an institutional mechanism to investigate all the allegations of mal-administration and corruption to ensure fair, just and corruption free Panchayati Raj Institutions in the State. However, Ombudsman has not been appointed till date and the term of Panchayats is going to expire early next year.
Likewise, in order to ensure that there are no complaints with regard to implementation of MGNREGA, a flagship scheme of the Union Government, there are provisions for appointment of Ombudsman in each district of the State but the same remains a dream till date.
“It is only due to lack of determination to fight the menace of corruption that even punishment could not be awarded in the proven scams like the one in JAKFED and Roshni Scheme”, sources pointed out.
Whatever little the ‘functional’ institutions are contributing in fight against corruption is largely because of the judiciary, which is regularly monitoring the corruption related cases through different Public Interest Litigations (PILs). In other words, the judiciary is performing the job of those at the helm of affairs in the executive so that those facing corruption charges are punished and the same acts as deterrent for others.
By adhering to “Break the Corruption Chain”, the theme of this year’s International Anti-Corruption Day, which falls on tomorrow, the present dispensation can set an example by holding threadbare discussion with all the stakeholders so as to give practical shape to all the institutions established till date and methodology highlighted from time to time for fighting the corruption with iron hands.
“Otherwise, the fate of anti-corruption bodies is a clear reflection of the half-hearted approach towards eliminating the corruption even of the present Government”, sources said.
No doubt, the present dispensation has initiated remarkable step by showing doors to ‘deadwoods’ in the recent past but if it really wants to get the State rid of corruption or check the menace up to large extent it should make a resolve on International Anti-Corruption Day to make all the anti-corruption institutions/bodies functional and ensure proper and close monitoring of corruption related cases as the same would act as deterrence.
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