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| Coming Chief Ministers no longer entitled to make political appointments in JK | | Previous actions appear to be without any authority of law, declared illegal | | Early Times Report
jammu, Sept 28: In the union territories of Jammu and Kashmir, the chief ministers shall no longer be entitled to make political appointments such as advisors, chairpersons of boards and PSUs.
As per the reports, the government is thoroughly examining the process through the previous regimes were making political appointments without any compunction. The government has found out these appointments appear to be without any authority of law.
An official privy to the development told Early Times that such measures are going to be a thing of past now and that even when elections will be held, the chief ministers cannot function through any underhand means and appoint the people of their political parties on various administrative posts.
Even in the past, the State Accountability Commission (SAC) which was tasked to keep a check on graft cases in the state, pointed out that the appointments of Advisors to Chief Minister and chairperson of various boards goes contrary to the law of land.
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 Mubark Gul 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 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. |
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