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| SAC saga, petitioner files contempt petition against CS, CM | | |
EARLY TIMES REPORT
Jammu, Apr 19: Fresh writ petition was filed seeking direction to respondents to appoint the chairperson and members of the accountability commission and restore the functioning of State Accountability Commission (SAC), Justice Sunil Hali after hearing Adv A K Sawhney with Adv Aseem Sawhney issued notice to Chief Secretary J&K State with the direction to the petitioner that he shall take step to serve him through registered post. Dasti Service is also permitted; list immediately after service is complete.
In the petition filed by one Iftikhar Khan Salaria, according to the petitioner that he had filed a complaint before the Accountability Commission on March 26, 2009 and the complaint was listed on various dates but could not proceed even a single inch as the respondents have failed to revive the institution SAC. That the petitioner filed earlier petition in which the respondents on January 1, 2010 made a statement before the High Court that state Govt intends to make the SAC functional by March, 2010 and on the said statement of the Advocate General, the petitioner was satisfied and the Court observed that the grievance projected stands redressed and the petition was disposed as settled in terms of the statement of Advocate General. Petition submitted that January, 2010 February, March lapsed and till mid of April 2010 the State/ respondents have not fulfilled the commitment made, statement made at Bar before the Court and therefore that amounted to making of a wrong statement, and misleading the Court. Therefore the same amount to contempt of Court as well as perjury/ polluting the stream of administration of justice system. That the petitioner also filed a contempt petition against Chief Secretary SS Kapur and Chief Minister Omar Abdullah and during the course of hearing the Court orally observed that the remedy would lie in filing of a fresh writ petition, upon this the petitioner filed present petition. otherwise also the earlier writ petition was disposed of as settled on the misleading statement made by the Advocate General and thereafter no application was filed before the Court for either extension of time or for projecting the difficulties for not appointing the Chairperson or standing by the commitment/ statement made in the Court, therefore the petitioner feels that he has been mislead by the wrong statement of the Advocate General and therefore the grievance has not been redressed as yet. The petitioner prayed before the Court for issuance direction to the respondents to appoint Chairperson and Members of the SAC and restore the functioning of Jammu & Kashmir State Accountability Commission and further seeking direction to respondents to fulfill the commitment/statement made before the Court on January 1, 2010 and make the SAC functional. Upon this High Court issue notice to Chief Secretary J&K State. ---JNF
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