Growing assertiveness

22/11/2017

Perturbed over State Accountability Commission's assertive role in ensuring accountability of public functionaries, the PDP-BJP Coalition Government has again entered into legal battle with the Commission by challenging its powers to initiate suo-moto proceedings in the Supreme Court. This step has been initiated one and half year after the landmark judgment of Division Bench of the State High Court, which had held the Accountability Commission as superior authority akin to a constitutional authority with the objective of keeping the public functionaries within the bounds of law. On the directions of the Minister for Law Abdul Haq Khan a Special Leave Petition (SLP) was recently filed in the Supreme Court challenging the judgment of the Division Bench of the State High Court whereby it was held that Commission has powers to initiate suo-moto proceedings against the public functionaries. The Government has mainly taken the stand that Regulation 9 of Jammu and Kashmir Accountability Commission Regulations, 2005 is ultra vires the Act of 2002 and has been framed beyond the powers given to the Commission under Section 31 of the Act.
It seems that Government is perturbed over the State Accountability Commission's assertive role in achieving the intent of the legislation whereby it was established otherwise there was no justification behind challenging the suo-moto powers. The Accountability Commission has been constituted to accomplish the ultimate societal good of having a corrupt free society. It is believed by several legal experts that the legislative intent and purpose underlying the Act of 2002, would be defeated than being achieved in case the powers to initiate suo-moto proceedings are denied to the Commission. This is for the second time that suo-moto powers of the Accountability Commission have come under challenge. First these powers were challenged before the Single Bench of the High Court, which vide judgment dated January 4, 2013, had held Regulation 9 of the J&K Accountability Commission Regulations, 2005 as ultra vires the Act of 2002 while striking down the same. The judgment of the Single Bench was challenged by the Accountability Commission before the Division Bench of the State High Court, which vide judgment dated February 1, 2016 had held that the Accountability Commission has the powers to initiate suo-moto proceedings against the public functionaries.

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