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| Suo-moto power of SAC: HC reserves judgment | | | early times report
Jammu, Aug 24 (JNF): Justice Hasnain Massodi of Jammu & Kashmir High Court reserved the judgment in much publicized Nine writ petitions challenging the Suo-moto powers of State Accountability Commission to initiate action against the Public Functionaries. In jam-packed Court of Justice Hasnain Massodi, hearing commenced in second session with arguments of Advocate Sheikh Shakeel Ahmed and Advocate HC Jalmeria who supported the Suo-moto power of the State Accountability Commission. While advancing his case in support of Suo-moto Power Advocate Sheikh Shakeel referred a Supreme Court judgment titled Subramanian Swamy Vs Manmohan Singh wherein the Supreme Court had raised grave concern over growing menace of corruption in our society.
He also drew the attention of the Court to a Public Interest Litigation sub-judice before the Division Bench wherein directions are sought against the state to accord sanction against the high-profile politicians/bureaucrats allegedly involved in corruption. He further stated that after 25 years the competent authority in State of J&K declined sanction in a corruption case against the sitting minister. He further said all out attempts are being made by the state to shield the big-wigs and thus under these circumstances the State Accountability Commission is required to be strengthen by confirming the Suo-moto powers of the SAC.
Adv HC Jalmeria also vociferously argued for strengthening the State Accountability Commission and submitted that despite the expiry of nine years till date none of the recommendation of the State Accountability Commission has been accepted by the State. He further said that all out attempts have been made so far to scuttle the functioning of the commission. He supported the arguments earlier advanced by Sr. Advocates Sunil Sethi & DS Thakur. On the contrary Sr. Adv DC Raina, Sr. Adv BS Slathia, Sr. Adv UK Jalali and AAG Gagan Basotra strongly resisted the arguments of other side and stated that complaint is pre-requisite and without a proper complaint the SAC cannot assume jurisdiction. Sr. Counsel also forwarded a compilation of judgments of Supreme Court and various High Courts to strengthen his view point.
After hearing battery of lawyers in length for number of days, Justice Hasnain Massodi reserved the judgment which will decide the fate of Suo-Moto powers of SAC.
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