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| Appointed as SAB chairman for 5 yrs, Justice Koul is in office for 12 yrs now | | A case of 'illegal' extensions....? | | Early Times Report
JAMMU, May 2: Even as Justice (retired) Makhan Lal Koul was appointed as state advisory board (SAB) chairman for a term of five years in 2010, he surprisingly continues to hold the office even in 2012.
Koul was appointed as the advisory board chairman on November 22, 2000, and his term was to expire on November 23, 2005.
His this appointment was made in accordance with law as chief justice of the J&K high court was also consulted under section 14 of the state public safety act (PSA).
But when his term expired in November 2005, an ex-post facto sanction was accorded for his continuation along with other two members of the board till further orders vide government order No Home (PB-V) 3016 of 2005 dated December 2, 2005.
This arrangement continued for three years when another government order No Home/PB-V 2422 of December 23, 2008, came to be passed and his term was further extended up to November 2011 with immediate effect. On the expiry of this order, further extension of one year was granted to him vide government order No Home/PB-V/2710 of December 26, 2011.
His term was now to expire on November 30 this year in case he did not get any further extension.
Koul's appointment for the first five years was in accordance with law as J&K high court chief justice was consulted as per the mandates of section 14 of PSA which reads as: "The Government shall, whenever necessary, constitute an advisory board for the purposes of this Act. Such Board shall consist of a chairman, who is or has been a judge of high court, and two other members who are, or have been, or are qualified to be appointed as high court judges. These members shall be appointed by the government in consultation with the high court chief justice."
Under section 15, every detention order within four weeks had to be placed before the advisory board. "From the perusal of the Act, it becomes crystal clear that there is no other enabling provision rather than section 14 of the Act to constitute an advisory board," a senior advocate said.
He alleged that the extensions given to Justice Koul were illegal and against the spirit of the Act. "The extensions given to him cannot get a seal of authenticity and detentions made during this period in the strict sense of law, if confirmed by him, are void abnitio," he asserted.
He said in case there was any challenge and the case was properly pursued in a court of law, a detenue could get the order quashed and also claim damages from the government.
The advocate claimed that the extensions given to Koul without following the law could also become a reason in the letting off the detained militants, posing a threat to the security of the state.
Koul's "illegal" extensions have been challenged by advocates -- Mohammad Shaqir Hussain and Annayat Ullah -- in a PIL filed through advocate Ajay Sharma. A high court division bench has issued the notices to the government for filing objections within two weeks. |
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