HC adjourns hearing in 35 SAC cases till tomorrow, seeks AG’s presence

State contemplating to approach CJ with plea to club petitions in both wings

Mohinder Verma
JAMMU, June 6: Considering the deferment sought by the State, the High Court today adjourned the hearing in 35 cases challenging the proceedings initiated by the State Accountability Commission (SAC) in the complaints against politicians, bureaucrats and businessmen till June 8 with the direction that Advocate General should be present in the Court on next date of hearing.
As soon as all the 35 cases were taken up for hearing in the court of Justice Hasnain Masoodi, Additional Advocate General (AAG) Gagan Basotra requested for adjournment of hearing in the cases on the ground that Advocate General, M I Qaidri was not present and he (Gagan Basotra) had no instruction to argue on the matters.
Stating that Advocate General would himself argue in all the matters, the AAG told the Court that AG was contemplating to file an application before the Chief Justice with the plea to club the cases challenging the SAC proceedings in both the wings of the High Court so that all such cases could be heard together by a Special Bench.
However, Justice Hasnain Masoodi told the lawyers appearing for those challenging the SAC proceedings to start the cases by addressing on the question of suo-moto powers of the Accountability Commission.
In the meantime, AAG Gagan Basotra submitted that since constitutional questions were involved in the cases he was not in a position to argue the cases.
Senior Advocate, Sunil Sethi appearing for the State Accountability Commission submitted that statutory institution created by the State with the motive to bring to task those indulging into corrupt practices has become defunct because of various interim orders passed by the Court.
“All the 35 cases deserve day-to-day hearing so that matters are ultimately concluded and Accountability Commission is made functional”, Advocate Sethi further submitted.
After hearing the counsel for the SAC, Additional Advocate General and some counsels appearing for the cases challenging the proceedings initiated by SAC, Justice Hasnain Masoodi kept the matter on board for 8th of June (Friday) and directed the Registry to list the cases sharp at 8.30 am. He also asked the AAG to ensure presence of Advocate General on next date of hearing.
These 35 cases challenging the proceedings initiated by the SAC against politicians and bureaucrats in number of complaints of corruption and malpractices were pending for the last five to seven years. The necessity of keeping all these cases on board until their final conclusion was felt by Justice J P Singh on June 2 while considering the petition filed by Minister of State for Cooperatives, Dr Manohar Lal Sharma.
Justice J P Singh not only expressed serious concern over the pendency of the cases but also directed the Registrar Judicial to obtain orders of Acting Chief Justice for listing all these cases.
Accordingly, all the cases were listed for hearing in the Court of Justice Hasnain Masoodi on June 4 and it was unanimously resolved that since in most of the petitions the power of SAC to initiate suo-moto action has been challenged, it would be appropriate to first take up these petitions for hearing. Accordingly, the matters were posted for hearing on June 6.
The cases pending for the past five to seven years pertain to SAC proceedings against Arvind Sharma in wheat grinding scam also involving the then Minister for CAPD, Taj Mohi-ud-Din (presently Minister for PHE, Irrigation and Flood Control), proceedings against the then Minister for Health, Suman Bhagat and her PRO Vikas Behal for their involvement in illegal nominations in AMT Schools at Jammu and Srinagar.
Similarly, SAC proceedings against former Deputy Chief Minister, Mangat Ram Sharma for his involvement in illegal appointments scam in Khadi Village and Industries Board (KVIB), Minister of State for Cooperatives, Dr Manohar Lal Sharma in a housing cooperative society scam, Commission’s action against the then Minister for Rural Development and presently Minister for Public Enterprises, Peerzada Mohammad Sayeed in rural electrification scam and his involvement in use of unfair means by his foster son in Board of School Education (BOSE) exam and proceedings against the then Minister of State and presently MLA Doda, Abdul Majid Wani in multi crore timber scam could not be taken to logical conclusion because of interim directions from the High Court.
The SAC had also initiated proceedings against the then DIG Satvir Gupta in Disproportionate Assets case and Dr Mohd Deen, the then Commissioner Secretary Animal Husbandry Department and Dr Satvir Gupta, the then Director Sheep Husbandry for causing wrongful loss to the State exchequer. As far as Dr Deen and Dr Gupta are concerned, the Accountability Commission had recommended termination of their services and forfeiture of their pensionery benefits.
It had recommended termination of services of Farid Ahmed Tak, the then Executive Engineer Power Development Department and initiated proceedings against Sheikh Rafiq Ahmed, the then Additional DC Jammu in fake PRCs case.
The SAC had also initiated proceedings against Ravinder Gupta, the then Director Youth Services and Sports. He was recently attached with the office of the Registrar Cooperatives Societies pending enquiry against him into numerous complaints of financial and other irregularities in the JAKFED during his tenure as Managing Director.
Farhat Qureshi, the then Secretary Housing Board was also facing SAC proceedings but due to interim directions from the High Court the same could not be taken to logical conclusion like numerous other cases involving bureaucrats like Atal Duloo (presently Commissioner Secretary Tourism) and Ashok Parmar, the then Vice-Chairman Jammu Development Authority.
Mohinder Singh, Chairman Jammu Central Cooperative Bank Limited and Arun Bakshi, OSD to the Chairman of the Bank have also obtained interim orders from the High Court after SAC initiated proceedings against him along with Minister of State for Cooperatives, Dr Manohar Lal Sharma in the recent past.