Kashmir Magazine By : Kashmir Magazine | Srinagar, Publication Date: Thursday, May 17, 2018 2:32:23 PM | Updated Date : Thursday, May 17, 2018 2:32:23 PM
Justice (Retd.) Bashir Ahmed Khan a former Chief Justice of Jammu & Kashmir High Court is presently Chairman State Accountability Commission. Known for his outstanding performance both as a high court judge and as well as Chief Justice Jammu & Kashmir High Court Justice (Retd.) Bashir Ahmed Khan solicits the cooperation from both the people and as well as the government in extending and expanding the system of accountability in Jammu & Kashmir state. He spoke to Kashmir Magazine Editor M. Aslam Bhat on several issues concerning challenges of the accountability vis-à-vis the working of the State Accountability Commission (SAC)
Q: State Accountability Commission is not proving as effective as it should have been in dealing with the corruption cases. Would you like to mention about the difficulties coming in the way of commission in enforcing its decisions?
A: The implementation of the recommendations of the State Accountability Commission should have been made mandatory for the implementing agencies within a given time frame. We have sent proposals to law department for amendments in the powers of the Commission also two years back but unfortunately the government is not considering seriously the proposals of the commission.
Q: Within given powers can’t the commission act on the complaints filed before it against the people at the helm?
A: People shown little interest in coming up with the complaints before the commissioner and reason being that punishments have been fixed for those submitting frivolous complaints. Given the quantum of punishment fixed for the complainants submitting frivolous complaints against people in power, the people don’t bother to come forward with the complaints against public functionaries with substantial evidences. I appeal all right thinking people to file complaints with substantial evidences before the commission and assure that the complaints if proved by the commission would be disposed of with strong recommendations for appropriate action against the guilty. Unfortunately as per the present act the State Accountability Commission can act only on the complaints filed against ministers and legislators but not against the officers and officials of the government. I wish appropriate amendments are invoked in the act itself for giving state accountability commission the powers to act on the complaints against the officers and officials of the government.I wish the State Accountability Commission is given the powers as stipulated in Lok Pal Act. In 2002 the Karnatka Lokayukta dislodged Chief Minister of Karnatka and other state governments could have explored the possibility of putting in place a similar Lokayuktas in their states.
Q: Complaints against both sitting and ex-ministers are pending disposal before the commission. Why the Commission does not act on such complaints?
A: There is not even a single complaint pending disposal before the Commission. The complaints received in the past have been disposed of long back. Again I may tell you that people don’t bother to come forward with the complaints before the commission due to the fear of the quantum of punishment prescribes for submitting frivolous complaints before the commission.
Q: General public impression about the judges and retired bureaucrats appointed as members of several commissions is that their appointments are guided by the principles of proximity with the political party in power. How would you like to react to this general impression brewing up among the people?
A: Yes this is a general public impression about the appointments of members of the commissions established by the government but this impression is just a figment of imagination not a fact. During a seminar on the appointments in the commission I and several other judges during a conference on the working of the commission in Delhi that instead of framing a search committee comprising political functionaries of the government including Chief Minister, Ministers and Leaders of the Opposition there should have been a high powered selection committee of known luminaries of known professional integrity from the relevant backgrounds to conduct a proper selection process for appointments in the commission. This is a novel idea and I wish government gives a serious thought to the idea.