Jammu, Aug 23: Contrary to its claim of strengthening anti-graft bodies, the Jammu and Kashmir Government Thursday objected to the suo-moto powers of the State Accountability Commission to initiate action against its legislators in corruption related cases.
 The powers being exercised by the Commission– one of the key anti-corruption bodies in Jammu and Kashmir – are under challenge before the State High Court through various writ petitions, mostly filed by the sitting and former ministers and bureaucrats, after action was initiated against them in graft related cases.
 In its reply filed before the Court, the government has contented the powers being exercised by the Commission on the ground that there is no provision in the Jammu and Kashmir State Accountability Commission Act which confers any jurisdiction to the Commission to Suo-Moto issue process or take any action against any public functionary.
 The High Court is hearing the matter under its writ jurisdiction and has powers to uphold or strike down the orders issued by the Commission.
 “The Commission is not vested with any plenary/inherent powers or jurisdiction under law and as a result in absence of any specific powers or jurisdiction emanating from the express language of the J&K SAC Act or of any other law, the Commission has no inherent powers or jurisdiction to Suo-Moto issue process or takes action against any public functionary,” the government said in its reply.
 It has been further submitted that the jurisdiction of the Commission extends 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 beyond the scope of Section 31.”
 It claimed that the 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 the receipt of the complaint and also runs in conflict with penalty provision as provided u/s 24 of the Act.
 The writ petitions filed by cabinet minister Peerzada Muhammad Sayeed, Pandit Managat Ram Sharma, Former Deputy Chief Minister J&K, Suman Lata Bhagat, Former Health 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 Government, Abdul Majid Wani Former Minister and MLA Doda, Sheikh Rafiq Ahmed, Former Deputy Commissioner Rajouri, Dr Muhammad Deen, Retired Commissioner/Secretary Animal Husbandry, Dr Satvir Gupta, Former Director Sheep Husbandry, Ashok Parmar, then Vice chairman JDA, Dharmveer Koul Executive Engineer PWD, are pending adjudication before the High Court from last around five years.

Lastupdate on : Thu, 23 Aug 2012 21:30:00 Makkah time
Lastupdate on : Thu, 23 Aug 2012 18:30:00 GMT
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