*No follow-up on steps initiated for Investigation Wing
Mohinder Verma
JAMMU, May 26: Notwithstanding much thrust from the State Accountability Commission Chairperson and Members, the PDP-BJP Coalition Government is unlikely to carry out amendments in the Jammu and Kashmir State Accountability Commission Act during the ongoing Budget Session as not even discussion has been initiated so far on the modifications proposed to restore powers as vested by the original legislation of 2002.
Official sources told EXCELSIOR that the original legislation of 2002 was even stronger than the Lokpal Act of 2013 enacted by the Parliament but following amendments in the Act in 2011 the J&K State Accountability Commission was rendered in-effective as its jurisdiction was reduced to only political class by excluding public servants and bodies like Government corporations, Universities and Cooperative Societies etc from it.
Due to unjustified amendments, the real intent of the principle Act that Commission would act as watchdog over the functioning of all the Government institutions, universities, cooperatives societies, bureaucrats and public functionaries suffered severe blow.
When the present Chairperson of the Commission, Justice B A Khan along with two Members Justice Bashir Ahmed Kirmani and Justice J P Singh started looking after the affairs of the Accountability Commission following their oath on October 1, 2015, it was observed that Commission cannot achieve the objective behind its constitution in 2002 in the absence of power vested in the original Act.
On the directions of Chairperson, Member of the Commission Justice J P Singh worked out the amendments required to be carried out in the present Act so that the Commission acts as effective and potent instrument of the transparency and accountability in the public administration, sources informed.
Following establishment of new Government in the State, the Commission started hoping that it will no longer remain ‘ornamental piece’. With this hope, the Chairperson Justice B A Khan handed over a copy of the proposed amendments to the Minister for Law, Abdul Haq Khan when the latter called on former on April 20 this year for taking up in the Budget Session of the Legislature.
The Law Minister, while assuring the Commission of Government’s support and cooperation to make it an effective instrument of the transparency and accountability, had explicitly told the Chairperson that he would revert back with the stance of the Government on the proposed amendments.
However, the Budget Session has begun but the Law Minister has neither reverted back to the Commission nor initiated any discussion for carrying out proposed amendments in the Act, sources said, adding “Government is unlikely to take up the amendments as even the matter has not been discussed with the Chief Minister, Mehbooba Mufti till date”.
“The amendments cannot be carried out unless there is consensus among the coalition partners for which a discussion is pre-requisite. However, none of the coalition partner has so far shown any interest in restoring original powers to the Accountability Commission”, sources said.
Apart from bringing back the principle Act of 2002, the Commission has also suggested incorporation of some new provisions so that it becomes obligatory on the part of the Government to implement the recommendations of the Commission, which are generally not taken seriously, sources informed.
Moreover, the Commission wants to protect the whistle blowers so that they can freely come forward with the complaints and for this some provisions are required to be incorporated in the State Accountability Commission Act, they added.
What to talk of bringing back original powers, the Government has carried out no major follow-up on making available senior police officers to the Commission for investigation purpose, sources said.
Following the intervention of the State High Court in a Public Interest Litigation, the Department of Law, Justice and Parliamentary Affairs Vide Communication No.LD (Lit)2012-50-SC dated April 17, 2014 had submitted a penal of officers forwarded by the Home Department Vide Communication No.Home/ Gaz/Ac/Misc dated April 16, 2014 to the State Accountability Commission for finalization.
However, in the absence of adequate infrastructure and space the Commission put on hold its decision.
“Thereafter, neither the Government tried to provide infrastructure to the Commission nor carried out any follow-up exercise to provide police officers for investigation wing”, sources said, adding “only recently, the Government placed about a dozen police officials headed by an Inspector to the Commission, which otherwise are not suffice to carry out investigations”.
“In this way no seriousness has been shown to ensure that Accountability Commission functions as per the objective behind its creation way back in 2002 by the then Chief Minister, Mufti Mohammad Sayeed”, sources regretted.
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