HC reserves judgment as parties conclude arguments
SAC’S SUO-MOTO POWER
GK NEWS NETWORK
Jammu, Aug 24: Jammu and Kashmir High Court has reserved its judgment on the controversy surrounding the suo-moto powers being exercised by the anti-graft body-State Accountability Commission-to initiate enquiry against any legislator in a corruption related case on its own.
Justice Hasnain Massodi heard the arguments projected by battery of lawyers appearing on the both sides for the second consecutive day today and reserved the judgment on the issue.
The state government has already filed its reply objecting the powers being exercised by the Commission on the ground that same were not in accordance with the Act and the rules framed therein.
Supporting the case of SAC, Advocate Sheikh Shakeel Ahmed referred to a Supreme Court judgment in Subramanian Swamy Vs Manmohan Singh wherein the Apex Court has said that “The magnitude of Corruption in our public life is incompatible with the concept of a Socialist Secular Democratic Republic. It cannot be disputed that where corruption begins all rights end. Corruption devalues human rights, Chokes Development and undermines justice, liberty, equality, fraternity which are core values in our Preambular vision. Therefore, duty of the Court is that any anti-corruption law has to be interpreted and worked out in such a fashion as to strengthen the fight against corruption. That is to say in a situation where two constructions are eminently reasonable; the court has to accept the one that seeks to eradicate corruption to the one which seeks to perpetuate it.”
He pleaded that a Public Interest Litigation was pending adjudication before the court wherein the matter for non-prosecution of public servants on account of lack of government sanction was under consideration.
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.
On the contrary Senior Advocate DC Raina strongly resisted the arguments stated that complaint is pre-requisite and without a proper complaint the SAC cannot assume jurisdiction. He also forwarded a compilation of judgments of Supreme Court and various High Courts to strengthen his viewpoint.
Senior advocate UK Jalali also projected his view point against the Suo-Moto powers of the SAC.
Senior government counsel, Advocate Gagan Basotra reiterated the stand of the state by submitting that the State Accountability Commission Act and the Rules do not confer any power upon State Accountability Commission to initiate Suo-Moto action.
He further said that state government is very serious in curbing the menace of corruption and for that the state has enacted Right to Information Act, 2009, Public Services Guarantees Act to provide timely service to the people.
He further said that state is not with those litigants who are allegedly involved in corruption.
Lastupdate on : Fri, 24 Aug 2012 21:30:00 Makkah time
Lastupdate on : Fri, 24 Aug 2012 18:30:00 GMT
Lastupdate on : Sat, 25 Aug 2012 00:00:00 IST
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