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| Does Jammu Kashmir need a Lok Ayukta ? | | | Is the situation in Jammu and Kashmir,as far as the level of corrupt practices is concened,warrants setting up a Lok Ayukta?Possibly the situation is ripe because neither the ruling alliance nor the State Accountability Commission nor the Vigilance Commisson has been able to instill fear against corruption among the political leaders,bureaucrats,employees and others.The result ,as per the common gossip, is that the level of corruption in the state has touched new high.Those who favour establishment of Lok Ayukta in Jammu and Kashmir say that the overall functioning of various institutions,entrusted with the task of checking graft,have,during the last over seven years,either remained toothless or nonfunctional.
See the fate of the State Accountability Commission(SAC).For several years it remained headless.And when a senior Jurist was appointed its chairman there were still some seats of members vacant.And several senior Government functionaries took advantage of this sit uation and before the SAC could initiate action against those who had figured in the list of complaints received by the SAC the officers moved the High Court and sought stay on any action.This proves that he SAC has not been given as much powers as the Lok Ayuktas in other states enjoy.Reports do suggest that the SAC has started banking on the mercy of the High Court.How ? The SAC chairman may approach the High Court with the request for early hearing of the SAC cases against which the Court had passed some interim orders.Reports said that there are about one dozen cases pending in the SAC because of the stay and interim order granted by the High Court.This way the SAC's decision to go fast against those alleged to have indulged in corrupt practices depends on the nature and speed of the court judgement.
And those who favour setting up of a Lok Ayukta in Jammu and Kashmir argue that since the functioning of the SAC,despite amendment in the Act,can be curtailed by the judiciary it cannot carry out anti-graft drive as quickly as people expect it to do.Lok Ayukta,if set up,in Jammu and Kashmir can be a totally indepndent body and the state legislature can opt for appointing its chairman by the Governor in consultation with the lead er of the opposition and the state Government.As is the practice in those states where the Lok Ayukta has been set up Jammu Kashmir state too can have a Lok Ayukta which will probe into the cases of corruption,favourtism,nepotism,maladministration and malpractices by senior Government functionaries,besides the Chief Minister,his cabinet colleagues,legislators and other political leaders.The SAC may have certain constitutional limitations while dealing with all these types of graft and irregularities.If the ruling coalition has some reservarions on establishing Lok Ayukta in Jammu an Kashmir the relevant Act may then be amended further to give sharp teeth to the SAC.(
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