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| If permitted SAC can bite sharks | | | After amending the State Accountability Commission (SAC) Act of 2003 the SAC,if allowed to function without Government interference,can give new dimensons to the fight against corruption and the corrupt in Jammu and Kashmir.It has been really unfortunate that the SAC remained a headless body for a number of years and even seats of its members had remained vacant on one or the other reason.Now that two former judges of the high court have o
ccupied SAC posts,one as its member and the other as its chairman it is expected that the Commission will initiate measures that could send shivers down the spine of the corrupt.The amended Act has one advantage. Its activities are to remain confined to cases of corruption in higher echelons of society.And those forming the lower rung of employees will be covered under the Vigilance Act.
The Jammu and Kashmir State Accountability Commission Act of 2003 has been recently amended under the banner of J&K State Accountability Commission (Amendment) Act, 2011. The latter is now being referred to as the "Principal Act."After the amendment the SAC shall exclusively deal with ‘public functionaries’ henceforth while the complaints pertaining to the ‘public servants’ shall be dealt under the provisions of the Jammu and Kashmir State Vigilance Commission Act-2010.A public functionary, according to the amended Act, means a person who
is or was at any time: the Chief Minister or a Minister, Speaker or Deputy Speaker of the State Legislative Assembly, Chairman and Deputy Chairman of the State Legislative Council, a member of the State Legislature, advisor to Governor, advisor to government including the political advisor to Chief Minister, anyone given the status of a
minister or minister of state by the government in connection with discharge of his official functions, or those appointed by the government as Chairmen (other than a government servant) of any statutory corporation or autonomous board.
A "public servant" means the public servant as defined under section 21 of the State Ranbir Penal Code and includes all officers and employees of the Corporations established in the State by or under any Act of Parliament or the State Legislature, government Companies, societies and Local Authorities owned or controlled by the Central Government or by the State Government.
Before its amendment the SAC would hear the cases of every nature. Now it has been restricted to political persons or public functionaries. So it should not be difficult for the SAC to quickly dispose off complaints against Chief Minister,Ministers and Legislators.
It is a major step the state legislature has taken and it depends on the members of the SAC to initiate revolutionary measures for tackling and containing corrupt practices in higher circles.If the SAC achieves even 50 per cent success in trapping and punishing corrupt legislators,ministers,and advisers to the Govrnment,including those who had retired it would be a new and healthy beginning in the tirade against corruption.Once the SAC functioning remained transparent and did not spare political heavy weights it would silence those who have been criticisng people in Kashmir for not having sided with the campaign of Anna Hazare against corruption.Anna has been demanding that Prime Minister be brought under the ambit of the Lokpal which the Congress led UPA Government has been opposing.It would be better for the centre to emulate Jammu and Kashmir where the SAC is as good as Jan Lokpal.
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