CM’s Advisor-Minister working as Govt’s contractor

Holding status of Cabinet Minister, NC’s four-time MLA Mubarak Gul gets Rs 18 Lakh project from DD Kashir

Ahmed Ali Fayyaz

SRINAGAR, Feb 28: Chief Minister Omar Abdullah’s Advisor and the ruling National Conference’s four-time MLA and Chief Whip in J&K Legislative Assembly, Mubarak Gul, who is enjoying the protocol and status of a Cabinet Minister in Government of Jammu & Kashmir, has also turned out to be Government of India’s contractor as he has lately bagged a work order worth Rs 18 Lakh from Doordarshan. Even as Mr Gul believes that there was “nothing wrong” in his business with the Government, constitutional experts insist that any legislator indulging in such kind of a business with any state or Central government department is liable to disqualification from membership of the state legislature under different laws of the Constitution of Jammu & Kashmir.

According to the list of the freelance television producers, which has been posted on DD Kashir website after three months of resistance by Mandi House, those allotted commissioned programmes for the channel, in October-November 2009, include J&K Chief Minister’s Advisor, Mubarak Ahmed Gul. Presenting himself as a freelance television producer and proprietor of his firm “Gulistan Productions” before a committee of officials at Directorate General of Doordarshan in New Delhi on June 23rd, 2009, this senior National Conference (NC) leader and legislator from Iddgah constituency of Srinagar has been allotted production of six episodes of Kashmiri fiction, titled “Azla Lone” (Destiny), in his own name. His proposal file, bearing number 1/67/36/09-KC has been processed and scandalously approved by DD’s evaluation committee, comprising DD’s Deputy Director General (DDG) and head of DD Kashir, Ananya Banerjee, and representatives from the Union Ministry of Home and Union Ministry of Defence.

Even as DD’s committee was in full knowledge of Mr Gul’s being an elected legislator in J&K Assembly, it had no hesitation in making the allotment in October 2009 and informing the politician that his tender for the commissioned programme had been approved and the Government contract of Rs 18 Lakh sanctioned in his favour at the rate of Rs 3.00 Lakh per episode. “After presentation (on June 23, 2009), he has been appointed Advisor to CM (J&K)”, says the remarks column as if that was Mr Gul’s additional qualification as a “producer”.

As clearly mentioned on ‘Information’ (Kashir Channel) link of DD’s official website www.ddindia.gov.in , the national broadcaster had sought applications from freelance television producers for empanelment as DD Kashir producers for 5 years on November 30, 2007. Last date for submitting the applications had been initially fixed as 17-12-2007 but later extended to 27-12-2007.

Records are clear that Mr Gul was serving his third term as MLA Iddgah during November-December 2007 when he submitted his application as a freelance television producer to seek the Government contract. He presented himself before the DD committee on November 23, 2009, when he was serving his 4th term as an elected MLA from Iddgah. With a brief pause from July 10, 2008 to December 28, 2008, Mr Gul has been continuously representing Iddgah segment in J&K Legislative Assembly since December 1996. His maiden term as MLA began in June 1983 and ended in 1986.

While admitting that he had applied for the empanelment, submitted his programme proposal and finally bagged the Government contract worth Rs 18 Lakh, Mubarak Gul said: “There’s nothing wrong in that. I was not an MLA at that time (December 2007 and June 2009). I am not barred from working as a producer. It’s not an office of profit. I don’t take any salary as Advisor to Chief Minister. Many MPs and MLAs have been doing their business. I am a senior producer. My programme has been approved and the contract allotted on merits”. He told Early Times that DD had not withdrawn the contact even after his becoming the CM’s Advisor. He has completed the formality of signing the agreement last month and is currently in the process of taking an advance payment from DD. He is also planning his shooting schedules.

Without insisting to know the identity of the MLA involved, former Chief Justice of J&K High Court, Bashir Ahmed Khan, and former judge of J&K High Court, Bashir Ahmed Kirmani, invariably opined that all public servants and public men (MLAs, MLCs, MPs) were barred by law from entering into any business contract with the Government and Government controlled establishments. “Disqualification at the time of filing nomination is essentially applicable to entire term of a legislator”, Justice (retired) Bashir Ahmed Khan said. “Legislators’ business with government tentamounts to disqualification as a member. But, I’ll check further and let you know”, Justice (retired) Bashir Ahmed Kirmani said.

Leading advocate in J&K High Court, Sheikh Shakil, who has the largest number of transparency PILs in the state to his credit, says: “This is a matter of brazen impropriety on the part of an elected legislator. His further elevation to the rank of CM’s Advisor and Cabinet Minister is rather immaterial but it makes the impropriety all the more serious. By way of applying for the empanelment, appearing in the presentation before Government officials, accepting the contract and signing an agreement with a Government department for his purely commercial business, honourable MLA has contravened not only the basic spirit of the Constitution and lawmaking but also violated provisions of J&K Constitution and J&K Peoples Representation Act. I believe he is liable to disqualification as a member of the House. He should resign and seek a fresh mandate before Speaker is approached by someone for his disqualification as MLA”.

Advocate Shakil said that Speaker was bound to entertain and forward such a representation to High Court and its decision, with regard to the member’s disqualification, would be final under Section 24 [c] of J&K Representation of Peoples Act, 1957.

Sheikh Shakil made it clear that it was not a question of an MLA running an office of profit. “Basic question is whether or not an elected legislator or someone who files his nomination papers for such a position is free to enter into incumberance or contract with a Government department. Had it been so, all MLAs, MLCs and MPs would have been openly operating as Government contractors and suppliers”, he said. He asserted that there was much more involved in it than simply the moral and ethical obligations of an elected legislator. He referred to interpretation of “disqualified” as given in Section 25 of J&K Representation of Peoples Act and argued that it was holding good for both---a contesting candidate as well as an elected MLA. It reads: “In this part ‘disqualified’ means disqualified from being chosen as, and for being a Member of Legislative Assembly or Legislative Council of the State”. It is mandatory by law for all contesting candidates, MLAs and MLCs to be absolutely free of all such incumbrances and contracts at the time of filing nomination papers and for entire term in case of the elected and nominated legislators.

“His predecessors would have perhaps ignored it with a smile. But Chief Minister Omar Abdullah has shown a no-nonsense belief in ethics and morality from day one. It took him not a second to resign when his moral standing came in question from the Opposition last year. How can he condone his own Advisor’s breach of law?” Shakil asked.

Interestingly and ironically, MLA Mubarak Gul had himself voted in favour an amendment moved by then Minister of Law, late P L Handoo, when members of Legislative Assembly and Legislative Council were declared as “public men”, brought under the purview of anti-corruption laws and barred from entering into commercial activity with any Government or Government controlled establishment.

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