The official website of the commission http://jksac.nic.in reveals that the last order passed by this anti-graft body was on February 26, 2013.
More than six crore, thirty lakhs rupees was the expenditure borne by the Jammu and Kashmir State Accountability Commission (JKSAC) during the past five years.
|| MIR FAYAZ
What could reflect the sorry state of affairs in the state of Jammu and Kashmir is that since February 2013, the much hyped State Accountability Commission (SAC) hasn’t passed a single order/ judgement against any complaint it has received since then. The official website of the commission http://jksac.nic.in reveals that the last order passed by this anti-graft body was on February 26, 2013. Since then, there are no records and no list of complaints with the SAC. There are no further judgements/ orders against any official or the public representative till date. Interestingly, the last order passed by the SAC was the case pertaining to Wali Mohd. Rather Vs Smt. Khem Lata Wakhloo and Ors. In this order too, the SAC expresses its helplessness in taking suo moto cognizance in any matter.
The case was pertaining to the ministerial status being enjoyed by various heads of the autonomous bodies besides the advisors of the chief minister. While closing the case, the SAC order reads ,’’It is abundantly clear that the commission does not have the power under the act and rules made thereunder to suo moto in absence of the complaint.’ The last order of the SAC reads that in the above backdrop, it would not be proper for ‘’us’’ to continue with the instant enquiry therefore the same shall stand closed. It adds that the file would go to the records. The order was signed by SAC member Justice Imtiyaz Hussain and then chairperson Justice V.P Nargotra. On the other hand, more than six crore, thirty lakhs rupees was the expenditure borne by the Jammu and Kashmir State Accountability Commission (JKSAC) during the past five years.
SAC could not take the suo-moto cognizance of any issue due to failure of the state government to empower it. The High Court here had held that the anticorruption watchdog cannot exercise suo- moto powers in absence of inherent powers.
During the year 2010-11, more than 85 lakh rupees were spent on the anti graft body by the state dispensation. One crore and seventy three lakhs were spent by the JKSAC a year later in 2011-12. More than two crores were spent in 2012-13. During 2013-14, the state dispensation revealed that the expenditure borne overt the functioning of SAC. Interesting to mention that that Governor NN Vohra raised pitch in the year 2011 to strengthen the SAC but the state Government remained unmoved even over appointing the second member. SAC could not take the suo-moto cognizance of any issue due to failure of the state government to empower it. The High Court here had held that the anti- corruption watchdog cannot exercise suo- moto powers in absence of inherent powers.
So far, there has been no measure taken to accord a prosecuting agency along with the investigative wing to this anti-graft body.
As the present government here continues to beat the trumpet of ensuring a transparent mechanism in the overall functioning of the state, it has done little to equip the already neglected SAC with more powers. So far, there has been no measure taken to accord a prosecuting agency along with the investigative wing to this anti-graft body. Its recently appointed chairperson has also threatened to bid adieu to the past if government continues to remain inactive over the measures that are needed to be taken on war footing basis. What remains to be seen is how this new government which sought votes from general masses for launching a crusade against corruption would strengthen the SAC.
