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| SAC has no powers to initiate suo-moto action: Govt | | | early times report
JAMMU, Aug 23 (JNF): State government today made it apparent before the High Court that it's self-constituted State Accountability Commission (SAC) has no powers to take Suo-Moto cognizance of complaints against MLAs, MLCs and ministers.
Government stated this in the response filed before the High Court in the infamous multi-crore Rural Electrification Scam involving MLC Syed Asgar Ali and Minister for Public Enterprise Peerzada Mohammed Sayeed. In the reply filed by Additional Secretary to Government General Administration Department (GAD) Feroz Ahmed Sheikh through Sr. AAG Gagan Basotra, it has been submitted that there is no provision in the J&K SAC Act which confers any jurisdiction to the commission to initiate suo-moto proceedings or take any action against any public functionary
Government has said that commission is not vested with inherent powers or jurisdiction to take action over complaints which have not been filed before the commission by an individual. It has maintained that SAC Act does not permit the members of commission to go beyond the guidelines and sections of the act.
Government has maintained that jurisdiction of the commission extents only to such complaints which are made under the provisions of the Act. Since the provisions of the Act do not provide for suo-moto issuance of process or taking of any action against any public functionary, the framing of any regulation (such as regulation 9) which purports to clothe the Commission with such jurisdiction, is clearly not an exercise "necessary for carrying out the purposes of" the Act and is beyond the scope of section 31.
Government further submitted that the Suo-Moto power under Regulation 9 is in conflict with the provisions of the Act more particularly in respect of the procedure to be adopted by the Commission after receipt of the complaint. It also runs in conflict with penalty provision as provided u/s 24 of the Act.
Arguments were heard by Justice Hasnain Masoodi. Senior Advocate D.S.Thakur made submissions on behalf of J&K State Accountability Commission and justified Suo-Moto power of the commission. He also referred to few judgments of Apex Court in support of his submissions. Thakur while supplementing arguments of Sr. Adv Sunil Sethi gave detailed account of how the commission possesses powers to initiate Suo-Moto Action.
On the other hand, Senior Advocates U.K.Jalali, D.C.Raina and P.N.Raina made submissions with regard to Commissions having no power to initiate Suo-Moto Action. Advocate SK Shukla also made submissions against Suo-Moto Power of Commission.
In view of the paucity of time, Justice Hasnain Masoodi kept the matter on-board for tomorrow as a battery of lawyers including Sr. Adv B.S.Salathia requested the Bench to assist in the matter. It is worthwhile to mention herein that the petitions filed by Pt Mangat Ram Sharma, Suman Lata Bhagat Former Health Minister, Peerzada Mohd Syed Former Education Minister, Manohar Lal Sharma Minister for cooperatives, Vikas Behal PRO to Former Health Minister Suman Lata Bhagat, Satvir Gupta Former DIG, Atal Dulloo IAS Commissioner/Secretary to J&K Govt, Abdul Majid Wani Former Minister and MLA Doda, Sheikh Rafiq Ahmed Former Deputy Commissioner Rajouri, Dr. Mohd Deen rtd Commissioner/Secretary Animal Husbandry Dept, Dr. Satvir Gupta Former Director Sheep Husbandry Dept, Ashok Parmar IAS then Vice chairman JDA, Dharmveer Koul Executive Engineer PWD, Jamrodh Singh SHO JKP and Farhat Qureshi then Secretary J&K Housing Board and others are pending in the state High Court for last more than five years and looking into the pendency of these matters. |
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