Commissions or rehabilitation centres for retired officials?

Deadwood of Kashmir, Jammu universities may not deliver in SIC

Ahmed Ali Fayyaz

JAMMU, Sep 3: In total dismissal of Supreme Court of India’s judgment in P J Thomas case, Government of Jammu and Kashmir has decided to completely bar entry of the representatives of civil society into its transparency and accountability commissions. Some retired and retiring government officials, including two former professors of law from universities of Kashmir and Jammu, who are favourites of politicians on account of their personal relationship with them, are being considered for rehabilitation in the much-hyped Jammu & Kashmir State Information Commission (SIC).

While quashing the appointment of Thomas as head of the Central Vigilance Commission, Supreme Court had earlier this year laid considerable stress on appointment of the representatives of civil society in such apex bodies. It was in the backdrop of that judgment that radical changes became necessary in constitution of State Vigilance Commission (SVC) in Jammu & Kashmir even after it was constituted in accordance with an existing law.

It was even before Supreme Court’s snub to the political establishment that lawmakers in Jammu and Kashmir had created room for appointment of the representatives of civil society in the State Information Commission. Omar Abdullah’s coalition government picked up a retiring official of central taxation service as Chief Information Commissioner. However, the appointment of Mr Ghulam Rasool Sufi was appreciated from all quarters in view of his being a son of soil as well as a man of meticulously clean service span. Sufi has demonstrated adequate dynamism in establishing sanctity, influence and writ of the SIC that he launched from a straw.

However, for months, government did not show any interest in completing constitution of the SIC with the appointment of two State Information Commissioners. Disappointment in the matter forced Governor N N Vohra to break a tradition on the day of swearing-in of Chairman and a member of State Accountability Commission. Governor delivered a speech, only to bring home to the state government that constitution of all commissions could be no more delayed. He made a specific mention of the need of appointing two State Information Commissioners as required by law.

Weeks later, Government began coming out of its slumber, albeit with glaring ill intentions. When a coordination committee of six coalition members, three each from NC and Congress, met in Srinagar on Friday, it began giving its own individual interpretations to the law, only to make it clear that blue-eyed boys of politicians were being rehabilitated in the name of completing constitution of the SIC. Prof Saifuddin Soz, Mangat Ram Sharma and Tara Chand represented Congress. NC was represented by two of its senior Cabinet Ministes, namely Abdul Rahim Rather and Ali Mohammad Sagar, besides a former Minister and sitting MLA Choudhary Ramzan.

Well placed authoritative sources revealed to Early Times that NC and Congress decided to share the vacancies on 1:1 basis. It was also decided that one Commissioner would be from Kashmir and another from Jammu. That all makes sense. But, when the names were floated, some of the members began justifying the appointment of two retired professors of law from Kashmir and Jammu universities with their “interpretation” that Section 12, Sub section (5) makes it incumbent to appoint only men of “legal background”. Nobody asked them if veteran incumbents like Wajahat Habibullah or our own Chief Information Commissioner Mr Sufi had any “legal background”.

One of the members asserted that head of the SIC Mr Sufi had written a letter to Chief Minister that he needed “only men of legal background”. The letter did not surface in the meeting. Nor did any one ask was the Chief Information Commissioner by law competent to write such a letter or what was the law or rule that gave the Chairman any role in selection of State Information Commissioners.

Relevant provision of Section 12 sub section (5) of J&K State Information Commission Act of 2009 makes it unambiguously clear that even the representatives of civil society could be appointed as the head or members of the SIC. It reads: “The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance”.

Sources revealed that neither of the two individuals considered in the meeting is “person of eminence” in respective fields and their qualification was nothing but their proximity to certain influential politicians.

“They are being appointed for the purpose of their post-retirement rehabilitation, not for delivering in SIC”, said a senior government official. He said that a brigade of blue-eyed boys of politicians had already launched hectic lobbying to grab a position in Public Service Commission (PSC), where the term of three members ended earlier this year, State Vigilance Commission, where all appointments are pending in absence of an amendment in law as also in State Human Rights Commission and State Consumers Commission where some heads and members are retiring in next few weeks. “It appears to be a grand post-retirement package for favourites of politicians”, another senior bureaucrat observed.

Three- member selection committee, headed by Chief Minister, is meeting in the summer capital on Monday to select two  State Information Commissioners. One of the members is supposed to be the nominee of Chief Minister, most likely Dy CM Tara Chand while as Leader of the Opposition and head of PDP’s legislature party in Assembly, Mehbooba Mufti, is the third member. On the recommendations of this panel, Governor N N Vohra may subsequently issue the warrants of appointment.

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