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| When Omar 'mocked' at SAC for a dear friend | | Commission had issued notice to then CM over giving ministerial status to Rana | | Peerzada Ummer
Early Times Report
Srinagar, Mar 31: At a time when the new government is mulling to strengthen the anti- graft bodies in Jammu and Kashmir, people are hoping that these bodies would act against the people who made mockery of the State Accountability Commission (SAC) from 2009 to 2014.
One who remained on a fore front in undermining the vitality of the State Accountability Commission was none other than the former chief minister Omar Abdullah himself. When SAC questioned his move to accord ministerial status to his close friend Devender Singh Rana, Omar approached the court of law- managing to get the stay order over the proceedings of the anti graft commission. This act of Omar Abdullah was deeply symbolic as it sent a clear message to his other colleagues about how much serious should they be when SAC ever calls their name.
On February 17, 2012, SAC issued notice to Jammu and Kashmir government seeking details on appointment and status of Advisors to Chief Minister and Vice-Chairpersons of various Boards. The respondents were asked to appear before the Commission on March 5, 2012 in person or through duly authorized counsel for filing statement of defense. The SAC observed the appointment of Mubarak Gul and Devender Singh Rana as Advisor and Political Advisor respectively to the Chief Minister with the status of a Cabinet Minister and Minister of State and their entitlement to the amenities attached to the office of a Cabinet Minister/Minister of State appear to be without any authority of law.
The commission at that time initiated proceedings into the appointment of Advisors and Vice-Chairpersons by the state government and issued notice to Omar Abdullah - Chief Minister, Devender Singh Rana - Political Advisor to the Chief Minister, Mubarak Gul - Advisor to the Chief Minister, Mushtaq Ahmad Shah (Bukhari) - Vice Chairman, J&K State Advisory Board for Development of Pahari Speaking People, Choudhary Bashir Ahmad Naz - Vice Chairman, J&K State Advisory Board for Development of Gujjars and Bakerwals, Rachpal Singh - Vice Chairman, J&K State Advisory Board for Development of Kissans, Kuldeep Raj Verma - Vice Chairman, J&K State Advisory Board for the Welfare and Development of Other Backward Classes, Swarn Lata - Vice Chairperson, J&K State Advisory Board for Development of Scheduled Castes and Shamima Firdous - Chairperson, J&K State Commission for Women for appearance in person or through duly authorized agent or counsel and for filing statement of defense, if any before the Commission on March 5, 2012.
SAC further directed that the respondents shall also show cause as to why interim recommendations in terms of Section 16 of the Act be not made.
SAC bench comprising chairperson Justice YP Nargotra (Retd) and Member Justice Hakim Imtiyaz Hussain (Retd) further ordered that copy of the order shall also be sent to the competent authority, the Governor of the state as per requirement under Section 13 of the Act.
SAC referred the constitutional mandate and observed that under the Scheme of the Constitution, however, the executive power of the State is vested in the Governor to be exercised by him directly or through a person or authority as he may direct. "No order issued by the Governor delegating any such power in favor of the Government or any authority has been brought to our notice as yet," the Commission observed.
Merely, two days ahead of presenting themselves before the commission, Omar's close aides moved the court of law, seeking stay order to the SAC proceedings. Petitioners, who at that time headed various boards and commissions and enjoyed Minister of State status, pleaded that the State Accountability Commission Act does not provide any powers to the Commission to take suo-moto cognizance of any matter.
Jammu and Kashmir High Court on March 3, 2012 stopped the SAC from examining as to how the state Chief Minister's political advisor and heads of some boards in the state were given ministerial status.
Justice Mansoor Ahmad Mir stayed the anti-graft body's February 17 notice to the chief minister's office seeking its explanation as to why it had conferred ministerial status on the political advisor and chiefs of various boards of the state.
Four politicians - Mushtaq Ahmad Bukhari, Shamima Firdous, Bashir Ahmad Naaz and Kuldip Raj - had moved the High Court seeking orders to quash the ongoing proceedings before the SAC.
Meanwhile, when the new government in Jammu and Kashmir is all up in arms against corruption and favouritism that earlier used to be a norm in the state, it is yet to be seen, how it would tackle the earlier mis- governance and draining of state funds in the name favours and friendship. |
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