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| ‘SAC Act violates fundamental rights’ | | HC summons record of the case | |
JAMMU, MAY 24-
Nirmal Singh of Jammu and Kashmir High Court, Jammu wing, today in a petition filed by one Arvind Sharma, a retired CAPD official, after hearing Sr. Advocate DC Raina appearing for the petitioner, summoned the record of the case, before issuing notice to the respondents.
The petitioner has challenged the validity and constitutionality of Jammu and Kashmir Accountability Commission Act 2002, particularly the provisions under sections 9, 11, 20, 21, 23, 28, 30 and 31 of the Act, as it violates the fundamental rights as enshrined under Article 14, 19, 21 and 311 of the Constitution of India. The provisions of the Act particularly 20, 21, 23, 30 and 31 being vague and arbitrary are silent about the procedural safe-guards on the balancing scale of natural justice, besides being bad in law and self contradictory. The Act gives an arbitrary power to the Commission to hold enquiry not only against a public functionary but against any person and make recommendations, which as per the provision of the Act, are binding on the competent authority and the competent authority has to submit a compliance report without applying its independent mind to the recommendations and without affording the delinquent employees an opportunity of being heard or any right to appeal or revision against that, which is referable to sections 21 and 28 of the Act. The same being in gross-violation of the rights under Article 311 of the Constitution of India, renders the Act of 2002 contrary to the constitutional structure.
In the petition it has been prayed for declaring the Act as unconstitutional and being arbitrary, as it does not provide any remedy or revision to a person aggrieved of the orders/ recommendations made by the Commission which is a constitutional right and provisions for appeal/ revision has been provided against the orders of constitutional authorities, High Court, Tribunal, Forum etc, no such remedy has been provided to an aggrieved person under the provisions of Act 2002 u/s 28 of the Act.
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