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Despite PDP's 'dissent', Justice YP Nargotra recommended as SAC chairman by panel
Opposition argument: preference should have been given to 3 retd CJs Quorum still incomplete with Justice Hakim Imtiaz as lone member
7/30/2011 11:23:45 PM
Saroj Razdan
Jammu, July 30: Exactly after three years when it was left defunct upon completion of the term of then acting Chairman Justice GL Raina, the State Accountability Commission may some activity as the government today appointed two judges Justice YP Nargotra and Justice Hakim Imtiaz Hussain, the former having been Chairman . Even as the two names were given approval by a majority voice by the high level selection panel, the opposition PDP is reported to have expressed 'dissent' and disagreed to the name for Chairman on the contention that preference should have been given to the persons from amongst three retired Chief Justices available in the state.
The government has acted in the similar directions and manner as was reported by ET earlier and a day before that instead of going ahead straightway in appointing Chairman and two members which is the full quorum as per the requirement of the Act, only two judges were appointed and out of these Justice YP Nargotra has been entrusted with the responsibility of functioning as 'chairman', he being senior of the two. This is being seen as a 'temporary' arrangement which will pave way for appointment of the choicest person as Chairman after some time by the government. Pertinent to mention is the fact that as per the Act the Chairman of the Commission has to be sitting or retired Chief Justice or a retired SC judge.
Sources said that PDP president Mehbooba Mufti did not agree to the decision with regard to Justice YP Nargotra's name and insisted that seniority had to be given consideration while choosing the person for the coveted post. Sources added that she contended why the names of three retired chief justices available in the state- Justice BA Khan, Justice VK Gupta and Justice Bilal Nazki were not considered and even questioned the criteria adopted for choosing the names. She insisted twice on the name of Justice Bilal Nazki for Chairman's post, sources said, adding that the other members including Chief Minister initially were of the view only two members could be appointed in the Commission to make it functional. The CM is reported to have argued that most of the cases have been shifted to SVC from SAC relieving the burden on the latter and therefore there was no need to have full quorum for now. However, this is said to have been strongly objected by the PDP chief who, sources said argued adhocism ruins the working of the Commissions.
The members from the government side including Law Parliamentary Minister are said to have put forth the point that 'for the time being' this arrangement could be worked out to make the SAC functional, to which the PDP chief is learnt to have objected, sources confirmed.
The PDP chief, who is one of the members of the selection panel, is reported to put forth the argument that 'adhocism' arrangements dilute the authority and defeats the purpose of the Commission which is highest anti corruption constitutional body in the state. Even as the panel members gave go ahead signal to the two names, Mehbooba , sources said expressed her disagreement and dissent, though verbally, during the meeting held this evening.
Sources said when the meeting began, the Chief Justice of the state High Court Justice FM Ibrahim Kalifullah recommended the name of Justice Bilal Nazki and Justice Hakim Imtiaz. The name of Justice YP Nargotra also did come up from one of the members. Even as PDP chief sought to consider the names of two more retired Chief Justices Justice BA Khan and Justice VK Gupta, this was not given 'due weightage' , sources said, fuelling dissension on other names by the opposition party.
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