SAC serves contempt notice on J&K Chief Secretary

Info on Ministers/Advisors sought from CM after default by CS

Ahmed Ali Fayyaz

SRINAGAR, Oct 12: Much-hyped Jammu & Kashmir State Accountability Commission (SAC) has been taken for granted not only by many officials and middle-rung bureaucrats but also by Chief Secretary Madhav Lal. Consequently, SAC has now demanded information about nine of the ruling coalition politicians, holding the status of a Minister or Minister of State (MoS), directly from Chief Minister Omar Abdullah and simultaneously served a notice of contempt on the head of the bureaucracy.

In a significant decision today, the full Commission, comprising Chairman Mr Justice (retd) Y P Nargotra and Member Mr Justice (retd) Hakeem Imtiyaz Hussain, took serious notice of Chief Secretary’s non-compliance in the matter of providing information regarding rules of appointment, status and the perks and privileges enjoyed by the politicians who have been holding the rank of a Minister or MoS in the state government. In the order dated September 23, 2011, SAC had asked CS to furnish the information by or before September 28, 2011.

“This being the situation, it is deemed appropriate to seek the said information now directly from the Honourable Chief Minister. The Registry shall issue the communication in this behalf for seeking the said information on or by the next date of hearing”, SAC’s order said. October 20^th was fixed as the next date of hearing.

“As regards Chief Secretary’s failure to comply with the direction, it, prima facie, amounts to gross violation and disobedience of the lawful orders of this Commission. Therefore, let a notice be issued to the Chief Secretary for appearing in person before the Commission on the next date of hearing to show cause as to why the contempt proceedings in terms of Section 20 of the Act be not initiated against him”, said the order further.

Early Times learned from informed sources that incharge Deputy Registrar wrote a letter directly to Chief Minister Omar Abdullah, seeking the information in the wake of the default and ‘disobedience’ by Chief Secretary. Yet another letter was delivered, manually as well as by fax, on Chief Secretary directing him to appear in person on October 20^th and explain as to why contempt proceedings be not initiated against him.

As previously reported in this newspaper, a civilian petitioner has complained to SAC that one of the ruling coalition politicians was enjoying the status of a Minister without being sworn in as a Minister by the Governor and thus claiming all the perks and privileges a sworn in Minister was entitled to. The complainant has alleged that the politician was misusing official position and building fortunes.

Rather than proceeding against the politician directly, SAC decided to find whether the public functionary was really holding the status of a Minister in Omar Abdullah’s government. It also sought information from Chief Secretary about the number of such incumbents, rules and regulations governing their conferment as a Minister and the perks and privileges made available to such individuals by the state government. Chief Secretary, however, did not respond to the communication.

As of now, nine politicians, belonging to the ruling National Conference and Congress, are enjoying the status of a Minister or MoS. They hold offices, use national and state flags on their vehicles, stay in Ministerial accommodations, claim reimbursement of air tickets besides boarding and lodging at luxury hotels outside the state.

NC’s MLA from Iddgah, Mubarak Gul, was appointed as Advisor to Chief Minister in August 2009. Government conferred on him status of a Cabinet Minister. Same party’s MLC from Jammu, Devender Singh Rana, was appointed as Political Advisor to Chief Minister and allotted the status of MoS on January 6, 2009.

Congress party’s former MLA, Khem Lata Wakhloo, who also functioned as MLC and a cabinet Minister in Ghulam Mohammad Shah’s government in 1984-86, was appointed as Chairperson J&K State Social Welfare Advisory on 28-10-2010. Order of her appointment did not mention her status but bureaucratic sources insist that she was offered status of MoS which she declined to accept. She has been struggling to seek status of a Cabinet Minister with the plea that she had functioned as a Cabinet Minister in 1984-86 and is not working under any other authority, unlike several Vice Chairpersons of statutory boards.

NC’s first time MLA from Habbakadal and former MLC, Shameema Firdaus, was appointed as Chaiperson of J&K State Women’s Commission on 19-01-2010. She too has been holding status of MoS.

NC’s former MLA from Surankote, Mushtaq Ahmad Shah Bukhari, who served as MoS in Dr Farooq Abdullah’s NC Government in 1996-2002, was appointed Vice Chairman of Jammu and Kashmir State Advisory Board for Welfare and Development of the Other Backward Classes (OBCs) on 19-01-2010. He too enjoys status of MoS.

NC’s incumbent MLA from Kalakote, Rachhpal Singh, was appointed as Vice Chairman of J&K State Advisory Board for the Development of Kissans on 19-01-2010. He too was conferred status of MoS.

Congress party’s Choudhary Bashir Ahmad Naz was appointed as Vice Chairman, J&K State Advisory Board for Development of Gujjars and Bakerwals with the status of a Minister of State on 10-02-2010. On the same day, Congress party’s former legislator, Smt Swaran Lata was appointed as Vice Chairperson, J&K State Advisory Board for Welfare and Development of Schedule Castes.

Same party’s Kuldeep Raj was appointed as Vice Chairman Jammu and Kashmir State Advisory Board for Welfare and Development of the Other Backward Classes (OBCs) on 15-02-2011. While as Mr Naz, Mrs Swaran Lata and Mr Kuldeep Raj are also enjoying the status of MoS, none of the three is a sitting legislator.

Chief Minister Omar Abdullah himself has been functioning as Chairman of the Boards operated by non-legislators Mushtaq Bukhari, Bashir Naz, Swaran Lata and Kuldeep Raj besides, legislator Rachhpal Singh.

END