Kakroo, Khoda Govt’s favourites for SAC, SVC

Consensus unlikely in Jul 18^th meeting as PDP is dead against Kakroo

Ahmed Ali Fayyaz

SRINAGAR, Jul 15: Principal opposition party, PDP, is determined to subvert the National Conference-led coalition government’s plan of appointing Chief Justice of Andhra Pradesh High Court, Mr Justice Nisar Ahmad Kakroo, as Chairman of Jammu & Kashmir State Accountability Commission (SAC) even as it is likely to favour nomination of two former judges of J&K High Court---Yashpal Nargotra and Hakeem Imtiyaz Hussain--- as members of the integrity watchdog. In the key appointments likely to happen in the next few weeks, Director General Police, Kuldeep Khoda, is emerging as the Government’s choice for the Chairmanship of State Vigilance Commission (SVC) while as journalist Arun Joshi and a retired official, Masooda Yasin, are likely to be appointed as member in SIC and Board of Directors in J&K Bank respectively.

Even as Speaker of Legislative Assembly, Mohammad Akbar Lone, would be on way to Saudi Arabia and London, other members of the selection committee are scheduled to consider a panel of names for a fresh constitution of SAC on July 18^th. Chief Minister Omar Abdullah, Chief Justice of J&K High Court, Mr Justice F M Ibrahim Kalifullah, Minister of Law, Ali Mohammad Sagar, and Leader of the opposition, Mehbooba Mufti, would consider the panel of names in the meeting. According to informed sources, Government was keen to hold the meeting on July 15^th, with attendance of all members of the selection committee, but Chief Justice communicated that he would be busy with a farewell party in hour of the retiring judge of J&K High Court, Mr Justice Hakeem Imtiyaz Hussain, on Friday on Jammu.

Govt later wanted to postpone the meeting by over a week, till Speaker’s return from London, but Ms Mufti pleaded that she would be available on July 18^th alone. The meeting is now happening after a number of postponements and in the backdrop of a writ petition seeking earliest constitution of the SAC.  Under section 4 of the amended Act, Governor is the competent authority for issuing the warrant of appointment on the recommendation of the 5-member selection committee.

Mufti Mohammad Sayeed’s government had got the law passed in Legislature in 2002-03 but SAC got its first Chairperson in the form of a retired judge of J&K High Court, R P Sethi, in August 2005. In protest against alleged political interventions, Justice Sethi resigned in May 2006. SAC later functioned with existence of two members, namely Justice Girdhari Lal Raina and Justice Muzafar Ahmed Jan. It has been completely defunct since June 2008 when Justice Jan’s term ended. Justice Raina had retired few months earlier.

 “A vacancy occurring in the institution of Accountability Commission should be filled in as soon as possible”, says the law but successive governments did not appoint its Chairman and members in the last over three years.

According to highly placed sources in the government, NC-Congress ruling coalition is keen to appoint Chief Justice of Andhra Pradesh High Court, Mr Justice Nisar Ahmad Kakroo, as the Chairperson of SAC. Justice Kakroo, who has previously functioned as Advocate General and later as a judge and officiating CJ of J&K High Court, is due to reach superannuation in October 2011. Early Times has been reporting that Omar Abdullah’s government was strongly in favour of Kakroo as Chairperson besides two retired and retiring judges of J&K High Court, Yashpal Nargotra and Hakeem Imtiyaz Hussain, as members of the SAC.

Government had earlier submitted the names of two retired judges of J&K High Court, namely Bashir Ahmad Kirmani and Y P Nargotra, to Governor but Raj Bhawan returned the panel, asking why full constitution, including Chairman, was not being recommended.

In a significant development, Early Times today learned from top-ranking sources in PDP that the opposition party was “dead against” the appointment of Mr Justice Kakroo. PDP, according to sources, has been digging and collecting material since last month to establish its claim that Mr Kakroo was “not the right choice”. Sources said that PDP had, during Assembly elections of 2008, submitted written complaints against Mr Justice Kakroo and his son, to Election Commission of India, alleging that both were “working for National Conference” in Baramulla. Justice Kakroo’s son, Tariq, was later appointed, on deputation from State Power Development Corporation, in Chief Minister’s Secretariat. PDP has been using it as a substance to strengthen its case against Justice Kakroo.

Meanwhile, Early Times has learned from authoritative sources that DGP, Kuldeep Khoda, who was appointed as head of J&K Police by Ghulam Nabi Azad’s government in July 2007, was now emerging as the ruling coalition’s choice for Chairmanship of State Vigilance Commission. The commission, awaiting an amendment in law, is likely to be constituted by way of an ordinance in the next two months. Government had previously made an amendment, creating space for retired Police officials of the rank of IGP and above to be Chairman/members of SVC.

Sources revealed that in another meeting, another selection committee, would consider a panel of names to fill up two vacancies of members in State Information Commission (SIC) on July 18^th. While as Chief Minister Omar Abdullah is head of the selection panel, a Cabinet minister to be nominated by Chief Minister, and Leader of the Opposition, Mehbooba Mufti, are members of the committee. Sources said that, among four others, retired KAS official, Khwaja Bashir Ahmed and senior journalist Arun Joshi were likely to be considered as members of the SIC. Governor is the competent authority to issue the warrant of appointment on recommendations of the three member committee. Former Chief Commissioner Income Tax, Ghulam Rasool Sofi, had been earlier this year appointed as the first Chairman of SIC.

Sources said that retired official, Masooda Yasin, who also functioned as Principal of Government Polytechnic for Women in Srinagar, was likely to be appointed as a Director on Board in J&K Bank on account of her exposure in agriculture and cooperative sector. If appointed, she would be the first woman director on board in the bank. Even after re-appointment of economist Prof Nisar Ali and chartered account Rakesh Gupta, there are three slots of directors vacant in the board.

END