Khanday’s entry in J&K Bank’s BOD becomes albatross in Govt’s neck

Dispute thickens over Finance Secretary’s Due Diligence form

Ahmed Ali Fayyaz

SRINAGAR, Jun 14: Absence of the state government’s Finance Secretary, Iqbal Khanday, in Board of Directors (BOD) of Jammu & Kashmir Bank Ltd (JKB), running through sixth month after his appointment, is fast turning into an embarrassment for the bureaucracy. It is now becoming clear that Chief Secretary, Madhav Lal, and then Commissioner-Secretary General Administration Department (GAD), Mohammad Sayeed Khan, had not properly advised Omar Abdullah’s cabinet on sensitive service matters before the senior IAS officer’s appointment as Principal Secretary Finance in December, 2011.

The Cabinet shifted Khanday from Department of Agriculture Production and appointed him administrative Secretary in Department of Finance in place of Mr Sudhanshu Pandey on December 16^th last year.

By virtue of his appointment, Finance Secretary automatically becomes the state Government’s official representative and Director in JKB’s BOD. However, website of the bank that has 53.17% equity from Government of Jammu & Kashmir, has been continuously mentioning Pandey as a Director on Board, though he too has not been invited for any meeting. Since December last, Pandey has been functioning as administrative Secretary of Power Development Department.

Well-placed sources in the state bureaucracy revealed to Early Times that neither Chief Minister Omar Abdullah nor any other member of his Cabinet had been informed about certain technical aspects of Mr Khnaday’s new posting before the administrative reshuffle in December last.

“Finance Secretary does not automatically become a Director on Board. Under RBI guidelines, he is supposed to fill up Due Diligence form on his appointment as well as on or before March 31st every year following which the bank formally inducts him into BOD”, said a bureaucratic source. He revealed that Mr Khanday was not in a position to fill up and furnish such a document of declaration due to the ongoing proceedings against him in a criminal matter in a Chandigarh court. This, he said, was very much in the Government’s knowledge in December last.

At least one official in GAD insisted that Mr Khanday’s continued absence in JKB’s BOD was the result of “machinations” by certain elements in the bank as well as in the government. On condition of anonymity, he asserted that the formality of the Due Diligence form could be dispensed with and Mr Khanday could have been inducted into the BOD. According to him, Finance Secretary of the state government would automatically become “ex-officio Director” in the bank’s BOD and he was not bound by rules to furnish any declaration of integrity and being free of all legal encumbrances.

“That’s absolutely wrong” retorted a senior executive in JKB. “Filing of Due Diligence form and some other documents is part of RBI’s directives and the Ganguly Committee recommendations. Each and every nominee Director, including the Chairman and the RBI’s representative in BOD, is supposed to file the form at the time of induction as well as around March 31^st every year. They are bound to declare that no criminal matter is pending against them in any court or Police Station”, he added. According to him, it was only RBI’s prerogative to dispense with this formality and claimed that neither the state government nor JKB had authority by rule to make any relaxation. He further claimed that all the Government’s nominee Directors and Finance Secretaries including Jaleel Ahmad Khan, Mohammad Shafi Pandit and Sudhanshu Pandey, had filed the Due Diligence form without default in the past.

Other sources in the bank said that the formality of filing the Due Diligence form was necessary as the RBI teams did every year scrutinize the antecedents of the Directors on Board of the bank before certifying ‘Fit and Proper Criteria’.

Chairman of the bank, Mushtaq Ahmad, was not available for comment as he was said to be attending an investors’ convention in United States of America. Secretary of Board, Abdul Majid Bhat, picked up the phone but dropped it repeatedly after learning that his comment was being sought with regard to Mr Khanday’s continued absence in the BOD meetings.

President incharge Board matters, Human Resource Development and Corporate Communications, Abdul Rauf Bhat, pleaded that he was not authorized to speak on the subject. “This is a sensitive and far higher matte, definitely beyond my competence and jurisdiction”, he said on phone. He, however, confirmed that certain documents were “still awaited from Finance Department, though the bank has long back sent its welcome letter to the new Finance Secretary and desired fulfillment of certain formalities”.

Sources insisted that the bank would proceed with its agenda of holding Annual General Meeting (AGM) of all the shareholders, tentatively on July 14^th next, at SKICC with or without Mr Khanday’s induction into BOD. Two of the seniormost Directors, namely Mohammad Ibrahim Shahdad and Vikrant Kuthiala, are being eliminated under rules to pave way for appointment of the new incumbents. Government is competent to nominate two fresh non-official individuals for BOD and can also re-nominate one or both the outgoing Directors.

With existence of Chairman and seven Directors, including the RBI representative, in the BOD, four slots of Directors are currently vacant in the bank’s highest decision making body. The vacancies include that of the state government’s Finance Secretary. It was not clear until today whether the bank, in coordination with the government, was going to fill up all the four vacancies or was simply restricting the agenda to filling up the vacancies caused by Shahdad’s and Kuthiala’s elimination.

Previously, two Executive Directors, namely A K Mehta and Abdul Majid Mir, were also part of the bank’s BOD. While as Mehta retired on May 31, 2011, Mir reached superannuation on June 30, 2011.  However, their replacement too has not come in the last over one year.

In the topmost executive level, bank has currently three Executive Presidents, namely Tafazal Hussain (36 years of service), Sahibzada Ghulam Mohiuddin (37 years of service) and Parvez Ahmad Nengroo (14 years of service). None of them has been elevated to the rank of Executive Director.

Out of 16 Presidents, three (Madan Lal Gupta, Abdul Rashid and Mohammad Afzal Khan) have retired recently and these slots are also lying vacant.

END

Prof Gani retracts his remarks on UN resolutions

‘I never said resolutions are obsolete, irrelevant. I have the tape’

Ahmed Ali Fayyaz

SRINAGAR, Jun 13: Having fallen in the eye of a storm in the Valley’s separatist camp over his controversial remarks regarding the Kashmir problem’s solution, senior Hurriyat leader Prof Abdul Gani Bhat has finally claimed that he had never dismissed the UN resolutions on Jammu & Kashmir as obsolete or irrelevant.

Even as the former Chairman of Hurriyat Conference did not release his personal clarification to the Press---either from his home or from his headquarters of Muslim Conference---a spokesman of the separatist amalgam claimed in a statement today that Prof Bhat had submitted his clarification. The Hurriyat spokesman said that, in his written as well as verbal clarification, Prof Bhat had denied having made a negative remark on the UN resolutions of 1948 and 1949.

According to the spokesman, Prof Bhat had made it clear in his explanation that he had neither dismissed the UN resolutions as obsolete nor irrelevant or impracticable. Bhat, he said, had only said at the public meeting in Sopore that the UN resolutions were the “legal basis of the Kashmir dispute” which, sadly, had not been implemented in the last over six decades. Prof Bhat, according to the spokesman, felt pained that the phrases like ‘impracticable, irrelevant, obsolete and not viable’ had been attributed to him unfairly by media. He regretted that these had hurt his colleagues and followers in the separatist camp.

Prof Bhat, according to the Hurriyat spokesman, was speaking at the Executive Committee meeting of the Hurriyat at the amalgam’s headquarters at Rajbagh today.

According to reports carried invariably by Srinagar-based newspapers, Prof Bhat had addressed a public meeting at his hometown, Botengo, on Sopore-Bandipore Road on May 6^th and dismissed the UN resolutions on Kashmir as obsolete, impracticable, irrelevant and not viable. He, according to reports, had asserted that the UN resolutions had never been implemented in the last 60 years nor would these be ever implemented in future in the process of finding a solution to the Kashmir dispute.

Prof Bhat’s purported clarification today came in the wake of deepening fissures in Mirwaiz Umar Farooq’s faction of the Hurriyat. Immediately after Prof Bhat’s speech of May 6^th appeared in local newspapers, a number of hardliners in the so-called moderate faction of the Hurriyat Conference took umbrage over the “controversial remarks”. In their statements, separatist leaders like Shabir Shah, Nayeem Khan and Zaffar Akbar Bhat asserted that Prof Gani’s remarks were in “brazen violation” of the Hurriyat constitution. They demanded an inquiry and action, including expulsion from Hurriyat, against Prof Bhat. On two occasions, followers of different Hurriyat leaders came to blows at the amalgam headquarters as they shouted slogans and counter-slogans against each other.

Hurriyat Chairman, Mirwaiz Umar later instituted an inquiry. With today’s “clarification”, speculations of another split in the conglomerate have been set at rest, though a formal reaction from the rebellious group is still awaited.

In fact, making controversial statements and subsequently retracting them has been characteristic of a number of prominent separatist leaders in Kashmir. Significantly, Prof Bhat’s “clarification” has come after five weeks of his sustained silence vis-à-vis the no-holds-barred that remained underway over the purported statement made on May 6^th. On no point of time did Prof Gani clarify, in the last over five weeks, that he had not “uttered a single word” against the UN resolutions.

Previously, Mirwaiz himself had withdrawn his remarks against the Jihadi militants days after these were published by Time magazine, nearly a decade ago. One of America’s most credible newspaper journalists and currently Africa Bureau Chief of the New York-based magazine, Alex Perry had taken and published the interview with Mirwaiz. It was at his weekly Friday sermon at Jamia Masjid in Srinagar that Mirwaiz denied having made any critical reference to the Jihadi militants. He claimed that he had actually held the counter-insurgent Ikhwanis responsible for swindling the Kashmir freedom funds---an explanation not swallowed by many in Srinagar.

Yet another separatist leader, who is now in mainstream electoral politics, had withdrawn his remarks against ISI months after he had held the Pakistani intelligence agency responsible for his father’s assassination. He later clarified that his outburst before television cameras was “impulsive, not real”.

END

Geelani’s reminder of 2010 turmoil evokes mixed response

Ahmed Ali Fayyaz

SRINAGAR, Jun 11: Radical separatist leader Syed Ali Shah Geelani’s call for shutdown on occasion of the second death anniversary of a teenager, allegedly killed in Police firing, evoked mixed response in Kashmir today. Commercial traffic remained partially off the road and shops remained shut in several areas of this capital city as the Hurriyat (G) chief sought to remind the Kashmiris beginning of a three-month-long summer agitation that consumer over a hundred civilian lives in 2010.

Even as none of the government offices or banks was seen shuttered, attendance was moderate and most of the business establishments remained closed in the Civil Lines. Downtown interior too wore a deserted look. Reports of a partial bandh also poured in from other district headquarters and a couple of major towns in the Valley.

Nevertheless, minibuses, busy in transportation of commuters, were in operation not only in the capital city but also in several rural townships and district headquarters. Some of the towns like Sopore remained shut over Geelani’s call but others, like Handwara, had no significant impact of the shutdown. Reports said that shops and business establishments functioned as usual in parts of Srinagar besides most of the rural Kashmir townships. Banks, government and private offices as well as public and private educational institutions operated without paying heed to the call for shutdown.

Geelani had called upon the Kashmiris to observe “total shutdown” in remembrance of teenager Tufail Matoo of Sayeedakadal locality who was the first to fall to Police teargas shelling in 2010. In the following three months, over a hundred civilian demonstrators and stone pelters had died in the middle of 2010 in violent clashes with Police and paramilitary forces. Deaths on the streets finally came to end when as many as eighteen demonstrators died in Police and CRPF firing at several places, and a constable was lynched, during massive protest demonstrations against an incident of sacrilege of holy Quran by a pastor in America on September 13^th.

In sharp contrast to the street turmoil in 2008, 2009 and 2010, the Valley of Kashmir is currently witnessing the best of the peace and an overflowing tourist season---first time after the halcyon days of 1988. According to officials as well as the thousands of people associated with the business of tourism and hospitality, all the hotels, guesthouses and houseboats are currently packed to capacity in Srinagar as well as other tourist resorts like Pahalgam, Gulmarg and Sonamarg.

In addition to hundreds of luxury coaches and taxis, minimum of 20 flights from New Delhi and other cities carry passengers, mostly tourists, every day. Consequently, the air travel in Delhi-Srinagar sector has become as expensive as that of Delhi-Dubai and Delhi-Singapore because all the airlines have hiked their rates substantially. First time in history, one way tickets in Delhi-Srinagar sector have sold in the incredible range of Rs 15,000- Rs 22,000.

Year 2011 too ended up with a record of tourists and pilgrims. Authorities, however, insist that the current year would comfortably break all previous records of the tourist influx in Kashmir.

On the other hand, Valley’s separatist leadership, that dominated the political space fully for three previous years but has been rendered irrelevant since October 2010, has been trying all of its methods to create an atmosphere of the year 2008 and 2010. Today’s call for shutdown was obviously an attempt to remind the Kashmiris scores of deaths on the streets.

Reports said that neighbours and relatives of the Matoo family participated in the remembrance ceremony with recitation of verses from holy Quran. However, none of the key separatist leaders was in attendance. Separatist circles maintained that most of the Hurriyat bigwigs were not permitted to move out of their residence by Police.

END

Information Department in FF mode after Reenzu’s exit

District Judge described as ‘Justice’, CM’s praise on Khoda released over one hour before his dinner speech at Taj

Ahmed Ali Fayyaz

SRINAGAR, Jun 10: Those in Omar Abdullah’s government, who had grown skeptical with regard to running of the all-important Department of Information on Farooq Reenzu’s attachment and subsequent adjustment in Srinagar Development Authority (SDA) last month, have been proved wrong. Although, the department under the stewardship of the new Director Zaffar Ahmad Bhat has been circulating certain ‘PR’ items in ‘Dak Edition’ ---days after a particular event---most of the public relations and image-building news items of the Government are actually provided to media in advance of an event. In Reenzu’s era, Department would erroneously describe a District & Sessions Judge as Sub Judge. In Zaffar’s era, District Judges are affectionately described as High Court Judges.

Exactly the day Mr Justice M M Kumar arrived in Srinagar, alongwith a number of family members and staff, to take oath as the new Chief Justice of Jammu & Kashmir, Directorate of Information circulated Press Note No: No: PR/DI/2012/919/tk/as/ to hundreds of its media customers. It was received by journalists on June 6^th at 8:45 p.m. It repeatedly mentioned Principal District & Sessions Judge Srinagar, Kaneez Fatima, as “Justice” (a High Court Judge).

Para No: 1 of the press release reads: “SRINAGAR, JUNE 06: After inaugurating the Free Legal Aid Centre sponsored by District Legal Services Authority Centre in the premises of Central Jail, Srinagar, the Principal District and Session Judge, Srinagar and the Chairperson, District Legal Services Authority Srinagar, Justice Kaneez Fatima highlighted the main objective of establishing the Free Legal Aid Center in the Premises of Central Jail Srinagar”.

Para No: 4 of the same press release reads: “Justice Fatima asked the people to avail the services being provided by Legal Services Authorities with regard to settlement of various disputes, jail related matters, medical facilities and other vital issues. She said that three such free aid legal centres have already been established in Faqir Gujri, Dhara and New Theed and under the National Action Plan, more such centres will be established in the coming future in colleges and universities and villages  so that those people who are living from hand to mouth with the meager amount and are not financially sound would be benefitted by free legal services”.

Para No: 5 of it further reads: “Justice Fatima said that the inmates can utilize the services of the para-legal voluntaries to approach the retain lawyers for redressing their grievances within no time free of cost”.

Sources say that when members of the CJ-designate’s entourage read the news item carried without any correction by the local English dailies on June 7^th, they began asking each other who this Justice Fatima was in J&K High Court. It was only the next day, at the swearing-in ceremony at SKICC on June 8^th, that members of Bar and judiciary learned that the Department of Information had in fact addressed the lady judge incorrectly as ‘Justice’ in its press release.

On occasion of IGP Kashmir Shiv Murari Sahai’s ceremonial dinner in honour of the outgoing Director General of Police, Kuldeep Khoda, Directorate of Information was not only more loyal than the king but also in the Fast Forward mode in servicing the Chief Minister. As per the programme, the dinner function at Taj By Vivanta started at 8.00 pm. VVIPs, including Chief Minister and the chief guest Khoda, did not arrive in before 9.00 p.m.  Deputy Chief Minister Tara Chand and a few others could not attend due to some urgency but were all shown present by Information Department at the high dinner.

Zaffar Ahmad’s more-than-alert Directorate of Information released the following press release No: PR/DI/12/773/ to mediapersons by email at exactly 7:49 p.m---around 100 minutes before the Chief Minister actually honoured Khoda and delivered a brief speech in his praise:-

“SRINAGAR, JUNE 01 – Chief Minister, Omar Abdullah participated in a dinner hosted last night in honour of former Director General of Police, Kuldeep Khoda who retired from service yesterday. Deputy Chief Minister, Tara Chand, Minister of State for Home, Nasir Aslam Wani, Advisors to the Chief Ministers, Devender Singh Rana and Mubarak Gul, Chief Secretary, Madhav Lal, Principle Secretary to Chief Minister, B. B. Vyes, In-charge Director General Police, K. Rajindera were present among others.

Speaking on the occasion the Chief Minister highlighted the outstanding and meritorious service rendered by Mr. Khoda in various capacities and as the head of the Jammu and Kashmir Police Force. He wished bright and prosperous life to Mr. Khoda”.

However, in sharp contrast to the CM’s speech, that was released to media 100 minutes before it was actually delivered, poor Deputy Commissioner of Kupwara, Sheikh Sarmad Hafeez, found his press release being delivered through ‘Dak Edition’ of the Department of Information. DC Kupwara reviewed the arrangements of the annual Urs at Muqaam-e-Shah Wali at Drugmulla on June 3^rd and the Urs concluded on June 4^th.

However, Directorate of Information released press note No: PR/K/2012/867/Sgr by email to media on June 5^th at 6:28 p.m and same was carried by the newspapers on June 6^th---two days after the Urs at Drugmulla had concluded. It reads:-

“KUPWARA, JUNE 05: The Deputy Commissioner, Kupwara, Mr. Sarmad Hafeez today visited the Shrine place of Zatishah Wali (RA) at Drugmulla and reviewed the arrangements for devotees who throng at the Shrine from nook and corner of the district in connection with Urs celebration commenced from today. The Deputy Commissioner Kupwara alongwith officers of different departments attended the religious function and interacted with the local Ziyarat Committee and enquired about the facilities are being provided to the devotees during the Urs days.  The devotees are attending the Urs proceedings while religious preachers threw light on the religious contribution of the Zatishah Wali (RA) during his lifetime”.

END 

All eyes on Raj Bhawan’s judgment in appointment of CVC, VCs

Govt’s obstinacy as well as PDP’s dissent has to be dispassionate

Ahmed Ali Fayyaz

SRINAGAR, Jun 8: Broadly, there are two types of Governors in India: Career bureaucrats and public servants including retired military, Police and intelligence officers; and, politicians, or call them public men. Being ‘agents’ of the Central government, they genetically and instinctively act in the direction of the breeze blowing from the North Block and the South Block in New Delhi while taking crucial decisions. In the special status state of Jammu and Kashmir, we have had both. Some of them act blindly to enforce New Delhi’s writ but others stick to their own conscience in making assessment on politically sensitive matters.

L K Jha, in 1975-77, was no exception. Head of the Emergency era government at the Centre, Indira Gandhi, wanted him to dislodge Sheikh Mohammad Abdullah, following withdrawal of support by J&K Pradesh Congress Committee, and restore Government to a nominee of her party. Sheikh called upon the Governor to dissolve the Assembly and hold fresh elections. The pro-establishment intelligentsia all over the country wanted Jha to go by the Centre’s advice and unseat Sheikh through Mufti’s no-confidence motion. Sheikh firmly stuck to his wicket and argued that the Governor was legally and constitutionally bound to dissolve the Assembly and hold fresh elections on Chief Minister’s advice.

Amid a nation-wide controversy, Jha went by Sheikh’s advice. He dissolved the Assembly. A year later, he further established his credentials as a conscientious Governor when he conducted the history’s fairest ever election in J&K---unbeaten till date. By the time elections happened in June 1977, Morarji Desai’s Janata Party (JP) had taken over at the Centre. An opportunistic alliance between almost all the opposition parties in the state and the JP Government at the Centre joined hands to defeat Sheikh. Sheikh’s National Conference swept the polls in Kashmir and returned to power with a thumping majority.

Middle of the next decade witnessed Jagmohan taking all the diktats from Indira Gandhi-led Congress government at the Centre. It did not take him long to dismiss Sheikh’s successor, Farooq Abdullah, who had grabbed the throne with a massive mandate after his father’s death in 1982. Former chief executive of Delhi Development Authority, Jagmohan, was a tropical plant in a temperate zone as the NC’s votebank in Valley knew him only for his demolition of Turkman Gate in Delhi. Inspite of emerging as a great builder---in the Governor’s rule following Shah’s termination---Jagmohan failed to correct his image of being “New Delhi’s agent”.

None of the career politicians manned Raj Bhawan in the last 23 years of armed insurgency.  Still, even the most unexpected of them, like Lt Gen (retired) S K Sinha, did one or the other act to pose themselves as guardians of the constitution as well as protectors of Raj Bhawan’s sanctity, integrity and propriety.

Chief Minister Mufti Sayeed forcefully pushed fresh entrant Rafi Mir’s nomination as a Member of Legislative Council. Governor Sinha returned the file with his recorded objection, making it clear that Mr Mir had no contribution to education, science, art and culture or social or cooperative service as was mandatory for the nominee under section 5o sub-section 3 of the J&K Constitution. Mir was nominated a year later--- only after Mufti pressed hard and repeated the Government’s recommendations.

It is purely for Governor N N Vohra whether to base his judgment merely on “legality and technicality” of the law and a signal from the corridors of power in Srinagar and New Delhi or to uphold the wider canvas of propriety in judging recommendations of a high power committee before appointing Chief Vigilance Commissioner and the two Commissioners for State Vigilance Commission. Contrary to the three Government members’ recommendations in favour of the outgoing DGP, Kuldeep Khoda, as CVC besides two retired IAS officers (RK Jerath and MS Khan) as VCs, PDP President, Mehbooba Mufti, has recorded her dissent to Mr Khoda’s nomination. Wild, yet serious, allegations have been leveled to block Mr Khoda’s appointment.

Meaningfully, Ms Mufti has avoided making comment on Mr Khan’s nomination as VC. Khan happens to be intimately close to several leaders of her party and falls in close relation of two key functionaries of the PDP. Late last year, when Omar Abdullah’s government called for nominations for the SVC top brass from General Administration Department (GAD)--- regulator of KAS, IAS and other civil services in J&K---Mr Khan put his own name on the top of the list. Then Commissioner-Secretary GAD, Mr Khan was due for retirement in next few months. This blocked entry of a number of IAS officers who too were about to reach superannuation and were not in any manner inferior to Mr Khan in competence, honesty and integrity.

Ms Mufti did not stop with her critique of the outgoing DGP. She assiduously projected retired Financial Commissioner Samuel Varghese as well as retired DGP (Prison) Dr Ashok Bhan as the “most suitable incumbents” for the top position of CVC.

Before treading on, one needs a rehash of the not-so-old past. Like invariably all the successive Chief Ministers, head of the PDP-Congress coalition Mr Mufti made it a point that Varghese did not get a very important position. He retired unceremoniously on a dull note. Not even a valedictory ritual-- let alone the grand gala that was witnessed at the state’s most expensive hotel on June 1^st--- was held in his honour. Similar was the case with Dr Bhan over a year back.

Uncharitable labels were attached to Bhan, not only by NC but also by PDP. Some of the NC leaders publicly accused the former IG CID of burying the infamous ‘Srinagar sex scandal’ under the carpet during Mufti’s rule. In a little over two years, Ms Mufti and her PDP trained their guns on Bhan. As DGP Khoda was on leave in USA, Bhan was officiating as head of the state Police when two young women were found dead in mysterious conditions in Shopian, in May 2009. Ms Mufti, alongwith 18 of her party’s MLAs, marched through Lalchowk and courted arrest with her forceful demand of dismissing the DGP and proceedings against the “killers and rapists” of the Shopian females.

Even when the NC-led coalition stonewalled constitutional and intellectual opinion in nominating five of the coalition’s defeated candidates as “representatives of intelligentsia and academia” in violation of Section 5o (3) of the J&K Constitution, PDP did not raise the question of propriety and morality. Two of the State Accountability Commission convicts were proudly retained in Mufti’s party. One of them, formerly a senior official, was even blessed with a seat in Legislative Council.

Governor alone can not be held responsible for the ‘shortened distance’ between Chashma Shahi and Nawa-e-Subah. He can not be expected to proactively function like a leader of the Opposition. It was none other than Mr Vohra who returned the file to the Civil Secretariat in 2009 when the ruling coalition submitted recommendations for appointing two of the retired judges of J&K High Court as Members of the State Accountability Commission. It was duly pointed out to Chief Minister that the Leader of the Opposition, who happened to be a member of the selection committee, could not be bulldozed in the matter of such recommendations.

Clearly, the ball of agitating the issues of propriety and morality in the SVC appointments is lying in the court of the principal Opposition party. It has got to push the merit of its argument without restricting itself to individual bias and hatred or wild allegations. Now that it has questioned why Supreme Court’s directions, passed in PJ Thomas case, were being “brazenly ignored” in J&K, it has to convince Raj Bhawan how appointment of CVC was far wider an issue than the bureaucratic exercise of appointing an executive engineer. PDP’s flexibility or silence at this stage could be potentially harmful to its image and interest.

On the other hand, Government too has built considerable prestige on its recommendations. As desired by law, it has to convince Governor on the ‘deficiency of merit’ in the opposition member’s dissent. Crucially at a time when voices are rising for a “locally elected” Governor and the demand has been upheld by the Centre’s interlocutors in their report, Mr Vohra has got to assess all pros and cons of accepting and rejecting the Government’s recommendations as well as the opposition’s dissent thereto. One thing is clear that the man at Raj Bhawan can not be seen to be taking cues from the political and bureaucratic corridors in New Delhi or Srinagar. It is none other than Mr Vohra who can define whether his Government had a real commitment to fight corruption or the institutions were simply being created for post-retirement rehabilitation of his regime’s blue-eyed officials.

END

Iqbal Khanday fails to become Director on Board for 6 months

Govt goes unrepresented in J&K Bank due to Finance Secretary’s continued absence

Ahmed Ali Fayyaz

SRINAGAR, Jun 5: Government of Jammu & Kashmir has gone unrepresented in around half-a-dozen important agenda meetings of the Board of Directors (BOD) of Jammu and Kashmir Bank in the last over five months. Senior IAS officer, Mohammad Iqbal Khanday, was appointed as Principal Secretary Finance by Omar Abdullah’s Cabinet on December 16^th, 2011, but he has not been appointed or declared as Director on Board in J&K Bank since last year even as the bank’s most important annual event, Annual General Meeting (AGM), is being planned here within a month.

By convention, as well as by the bank’s Article of Association, state government’s administrative Secretary of Finance Department becomes Government’s nominee and Director on Board. However, the procedure involves filling up of a small form and customary recommendation of the bank’s Nomination Committee that sets the agenda of Finance Secretary’s appointment as Director for meeting of the Board of Directors. State Government has 53.17% share in the government-controlled company.

Even as IAS officer of 1978 batch, Mr Khanday, was appointed as Principal Secretary Finance on December 16^th last year, J&K Bank’s official website continues to show his predecessor, Sudhanshu Pandey, as a Director on Board. With Khanday’s appointment as Principal Secretary Finance, Mr Pandey had been transferred and appointed Commissioner-Secretary of Power Development Department on the same day. Neither Pandey nor Khanday has attended any of the bank’s BOD meetings in the last over five months. Sources in bureaucracy insisted that the bank had not invited anybody from the state government (Finance Department) since the day of Mr Khanday’s appointment in December 2011.

Government’s representative Director was also conspicuously absent at today’s BOD meeting at the bank’s Corporate Headquarters. With this, Government went unrepresented also in Audit Committee meeting, Shareholders/Investors Grievance Committee meeting, Integrated Risk Management Committee meeting on June 4^th as well as in Management Committee meeting, Monitoring of Large Value Frauds Committee meeting, IT Strategy Committee meeting, Estates Committee meeting and Legal Committee meeting on June 5^th.

Chairman and head of the BOD, Mushtaq Ahmad, nominated Director on Board and RBI’s representative, Hari Narayan Iyer, besides other Directors on Board namely Mohammad Ibrahim Shahdad, Vikrant Kuthiala, Prof Nisar Ali, Abdul Majid Matoo, Rakesh Kumar Gupta and Nihal Garware participated in different groups in the said meetings. Sources disclosed to Early Times that like in the last three meetings, today’s BOD meeting had crucial agenda that necessitated presence of the Government’s director and Secretary Finance.

Bank’s Company Secretary, Abdul Majid Bhat, was not reachable foe his comments on telephone. However, officials not authorized to speak on record argued that the fault lay somewhere in Finance Department of the state government. According to them, Mr Khanday, like all other nominee directors including Chairman, was supposed to fill up a small declaration form prior to his recommendation by the bank’s Nomination Committee. On the other hand, well placed sources in Finance Department insisted that “some people in the bank” had been deliberately delaying the process. “Their callousness could be gauged by the fact that the bank’s website does mention Mr Pandey as a Director, though he has ceased to be one in the middle of December last year”, said a senior official. Minister of Finance, Abdul Rahim Rather, as well as Mr Khanday had their cellphones switched off for several hours of the day.

Officials at Corporate Headquarters of the bank refused to admit that the state government had gone unrepresented in all the BOD meetings in the last nearly six months. “Out of eight Directors, we have one representative from RBI. All others, including Chairman, as nominees of the state government”, said a senior official. He claimed that the process of formally appointing Mr Khanday as a Director on Bank was currently underway.

With the two seniormost Directors, namely Mohammad Ibrahim Shahdad and Vikram Kuthiala, scheduled to retire later this month, appointment of two Directors is likely to be a key agenda item of the forthcoming AGM. Even as both, Shahdad and Kuthiala, have completed eight years each in the BOD, both of them are eligible for fresh appointment if re-nominated by the state government. If appointed, each of them could continue in BOD for the next two years. Draw of lots is not happening in the process of elimination this year as the total number of seniormost Directors is not more than two. Normally, a high power body, comprising Chief Minister and Finance Minister, picks up the nominees from a list prepared by Finance Department which finally gets sanction of the shareholders at the AGM.

With existence of Chairman and seven Directors, including the RBI representative, four slots are presently vacant in the bank’s highest decision making body. The vacancies include that of the state government’s Finance Secretary.

Previously, two Executive Directors, namely A K Mehta and Abdul Majid Mir, were also part of the bank’s BOD. While as Mehta retired on May 31, 2011, Mir reached superannuation on June 30, 2011.  However, their replacement too has not come in the last over one year. In the topmost executive level, bank has currently three Executive Presidents, namely Tafazal Hussain (36 years of service), Sahibzada Ghulam Mohiuddin (37 years of service) and Parvez Ahmad Nengroo (14 years of service). None of them has been elevated to the rank of Executive Director.

Out of 16 Presidents, three (Madan Lal Gupta, Abdul Rashid and Mohammad Afzal Khan) have retired recently and these slots are also lying vacant.

END

PDP leader roped in to resolve CVC appointment crisis

Ahmed Ali Fayyaz

SRINAGAR, Jun 2: A middle rung leader of the opposition Peoples Democratic Party (PDP) is being roped in to resolve crisis between the ruling coalition and the principal opposition party over appointment of the outgoing Director General of Police, Kuldeep Khoda, as the first presiding officer of Jammu & Kashmir State Vigilance Commission. The intermediary, having low profile in politics but high profile in business, is trying hard to deflate the balloon of criticism against Mr Khoda but has not achieved any success in the last three days.

Well placed political sources said that two middle rung leaders of the PDP had been, of late, roped in with the crucial task of conflict resolution over Mr Khoda’s appointment as Chief Vigilance Commissioner (CVC). One of the intermediaries, according to sources, was holding an important position in the party but was more prominent on account of his flourishing business in horticulture sector. Another was described as a young legislator from Baramulla district. Even as the duo, according to sources, attempted their crisis management task on behalf of the outgoing DGP, it was not immediately clear whether it was the contender’s personal initiative or the State government’s covert operation to protect its prestige on Mr Khoda’s appointment. The high profile businessman-politician was reportedly trying to mobilize support in Mr Khoda’s favour while roping in some legislators and top brass of his party.

Sources said that the two middle-aged politicians, both from Baramulla district, drove all the way to the PDP patriarch Mufti Mohammad Syeed’s residence and pleaded that blocking Mr Khoda’s appointment would not be an act of prudence for the opposition. Inspite of a slew of reservations, Mufti is understood to have, in turn, spoken to his daughter and the party President, Mehbooba Mufti. However, Ms Mufti argued that preserving the credibility of the institutions like SCV, State Accountability Commission (SAC) and State Information Commission (SIC) was more important for the principal opposition party than obliging individuals and favourites of the government. According to sources, she asserted that even a minute flexibility in the PDP’s stated position on this subject could enormously harm interests of the party.

Mufti Sayeed, according to sources, did not press what the two middle rung leaders of the party had desired directly and indirectly.

Sources attributed ‘delay’ in General Administration Department’s letter to Raj Bhawan to the latest conflict resolution process, suggesting that the stakeholder was “desperately trying” to clear the decks for the CVC’s appointment. While as Secretary GAD, Mushtaq Ahmad Sheikh, did not respond to phone calls, Principal Secretary to Governor, Naveen Choudhary, maintained that no such communication had passed through his desk till this evening. As already reported in media, albeit without denial or confirmation from the Government, minutes of the May 28^th meeting of the high power search committee had been recorded and got signed by GAD from all the three Government members---Chief Minister, Omar Abdullah, Deputy Chief Minister, Tara Chand, and Minister of Law and Parliamentary Affairs, Ali Mohammad Sagar---as well as the only member from opposition, Mehbooba Mufti.

After her strong objection to Mr Khoda’s name and nominating retired IAS officer, Samuel Varghese, and retired IPS officer, Dr Ashok Bhan, as the suitable candidates, Ms Mufti has reportedly recorded her dissent with detail in the draft of the minutes. This document is supposed to be forwarded to Governor, with detailed rejoinder of the Government members, for issuing warrant of appointment under law. On recommendations of the high power search committee, the competent authority can appoint CVC as well as the Vigilance Commissioners, not more than two. Three of the Government members are reported to have unanimously recommended Mr Khoda as the CVC besides two retired officers (former Financial Commissioner RK Jerath and former Commissioner Secretary GAD, Mohammad Sayeed Khan) as Vigilance Commissioners.

Sources in Department of Law said that Governor had the prerogative of accepting or rejecting Ms Mufti’s note of dissent and the three Government members’ recommendations in favour of Messers Khoda, Jerath and Khan. However, they said, Governor was likely to seek opinion from Advocate General and eminent legal and constitutional experts including those based outside J&K. These sources said that Raj Bhawan had already obtained authentic text of all related laws in the state as well as at the national level and a particular study was underway of the Supreme Court of India judgment, dated March 3^rd, 2011, in the famous PJ Thomas petition. 

According to these sources, there was no major hitch after clean chit to Mr Khoda in the so-called Bhaderwah triple murder case by J&K High Court but moral aspects of Mr Khoda’s appointment were now in sharp focus.

END