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Confrontation brews between SAC, govt
2/21/2012 12:10:38 AM
EARLY TIMES REPORT

SRINAGAR, Feb 20: Omar Abdullah government is contemplating to reply the notices served to it by 2 - member panel of state Accountability Commission questioning chief minister Omar's authority to appoint the Political Advisors and heads of various autonomous bodies.
Minister for Law and Parliamentary Affairs Ali Mohammad Sagar said that his ministry is committed to send the reply of the notice within the stipulated time
Sagar earlier challenged the SAC and termed the appointments legal and within the parameters of law and said that Chef Minster was within constitutional rights to appoint the Political Advisors.
A senior bureaucrat in the state government wishing anonymity told a news agency that by raising a question mark on the appointments of advisors, the SAC has compromised its own credibility.
"Section 2 of the State Accountability Act clearly says that the Commission has a restricted jurisdiction of investigating the corruption charges on Advisors to CM. It means Political Advisors post is well in the constitution itself," he added.
He questioned how could a constitutional body which derives its powers from the Act point fingers on the same Act.
Pertinently, the SAC had sent shock ways in the political circles across the board last week after it questioned the appointment of Political Advisors to CM and heads of various boards.
"SAC after thorough perusal of records returned a finding that the appointment of Mubark Gul and Devinder Singh Rana 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. Similarly as regards the Chairpersons and Vice Chairpersons, named above upon whom the status of Minister of State has been conferred and made entitled to all the amenities available to a Minister of State the action of the Government for the identical reasons appears to be without the authority of law," the SAC had observed in its notice sent to CM and other concerned.
Though the State Government downplayed the matter saying it was not an issue and the appointments had been made as per the law, yet the controversial notice triggered a hot and serious debate in the political circles of the state.
"As per the Sec 43 and 45 of the constitution, the head of the state is within his rights to appoint the political advisors," a senior minister said.
However, opposition parties are playing wait and watch policy.
Peoples Democratic Party President, Mehbooba Mufti, is not willing to jump to any conclusion. "The matter is between the SAC and State Government. Let us see what State Government comes up with its reply," Mehbooba said adding that there was no hurry to react on the developments.
She said that the ball was in the State Government's court and it would be interesting to watch what kind of reply they come up with.
Meanwhile, the SAC Chairman, Justice (R) Nargotra refused to comment on the matter saying he will come up with his opinion in the final sentence.
"Section 2 referrers to Public Functionary and everybody is within his rights to define the terms in his own way," he said.
Justice (R) Nargotra said that the SAC had given state government time upto March 5. However, he said, that it was upto the government to honor the restriction of time.
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