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Weakened SAC unable to do much despite two top judges heading it
Sordid saga of State Accountability Commission!
6/10/2014 11:59:54 PM
Syed Junaid Hashmi
JAMMU, June 10: State Accountability Commission (SAC) has seemingly gone into oblivion despite being manned by two top judges of Jammu and Kashmir High Court.
The commission did make some buzz when the two Judges, Justice Y.P. Nargotra and Justice Hakim Imtiaz Hussain took over but either has of late preferred not to share much of its proceedings with media or the two heads have realized that they enjoyed freedom and power when they were in the High Court and have seemingly found both missing in State Accountability Commission (SAC). Moreover, Commission took up several high profile cases but could not move further towards investigation part due to the accused approaching court of law.
A good number of high profile cases have been stayed by High Court and SAC cannot proceed further till the stay is not vacated. And because of this syndrome, the much trumpeted State Accountability Commission which NC-Congress coalition Government had promised to strengthen has failed to take "Ahtisab of the Quami daulat and Sarmaya" from Mantris for whom it was meant.
Cases have been instituted against 13 ex-Ministers and seven Ministers of the present ruling coalition but prosecution of the accused is nowhere in sight. The no Ahtisab syndrome continues to dominate the discourse in Jammu and Kashmir. Of those implicated by the commission, few have not only managed entry into electoral politics but have been calling the shots in the power corridors.
National Conference (NC) leadership would often declare at the top of their voices before taking over the reins of power in J&K that their Government was determined to set up an inquiry commission to probe misdeeds of the previous Government. They would promise that no one would be spared whether he is the Chief Minister or any other Minister or an MLA."
However, not much has happened since the day it was constituted. The commission suffered first casualty when it took almost two years after the passage of the bill for the Government to constitute this commission in September 2005 with retired late Justice R.P. Sethi as its Chairman. An upright person, late Sethi's work unnerved both the Ministerial and bureaucratic circles.
During Late Justice Sethi's tenure, complaints were lodged against some senior Ministers and bureaucrats of the coalition Government. Not only were the complaints lodged but action was also initiated in most of them. However, legislators armed with the dagger of amendment reduced the commission merely to a paper tiger and scuttled its powers to act vehemently against those involved in various scams and scandals.
He was forced to resign under bizarre circumstances. Later, it was learnt that reason behind the resignation of Justice Sethi was curtailing of the powers of the commission and conversion of SAC to a three-member body from a single-member one. . Two more judges were appointed. Justice G.L. Raina, former Additional Judge of the High Court and Justice Muzaffar Jan, former Judge of the same High Court were appointed as its members on March 31, 2006.
This led to Justice Sethi resigning as Chairperson of the commission on May 3, 2006 i.e. within eight months of his assuming the office, Justice Sethi reigned. The two members who kept commission functional retired on June 19, 2008 and April 15, 2009. Thereafter, Commission remained non-functional. Finally, Congress managed to pull the rug and Justice Y.P. Nargotra was appointed as Chairperson and Justice Hakim Imtiaz Hussain as member on August 16, 2011.
Both were former Judges of the High Court. They were administered oath of office on August 21, 2011. Despite this, commission's independent investigation wing is yet to come up. It is important to mention here that Jammu and Kashmir Accountability Commission Act-2002 envisages that the wing is to be headed by a police official of the rank of Additional Director General of Police who will be assisted by 117 other police officials.
These include two Deputy Inspector Generals of Police, four Superintendents of Police, four Deputy Superintendents of Police, six Inspectors, 12 Sub Inspectors, 12 Assistant Sub Inspectors, 24 Head Constables, 40 constables, six clerks and seven drivers. This regulation was notified on December 2, 2005. However, the commission continues to rely on the officials to report to it over allegations and grievances. And it is the Government, which exercises direct control over these officials.
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