Excelsior Correspondent
JAMMU, Dec 23: Division Bench comprising Justice Muzaffar Hussain Attar and Justice B S Walia today reserved the judgment in the appeals filed by State Accountability Commission questioning the judgment of Single Judge holding that SAC does not have the suo-motu powers to take action against the public functionaries.
During the day-long hearing, the Division Bench heard the arguments of Advocate Pranav Kohli for the State Accountability Commission, who submitted that SAC has the power to hear the matter suo-motu. He relied upon various judgments of the Supreme Court and the main limb of his argument was that purposive interpretation is required to be given to the Accountability Commission Act, 2002 as it is a anti-graft legislation.
On the other hand, Advocate General Jahangir Iqbal Ganie with Government Advocate Ahtsham Bhat reiterated the stand of the State and submitted that SAC lacks the powers to hear the matters suo-motu.
Senior Advocates U K Jalali, D C Raina, P N Raina and B S Salathia also presented their arguments and countered the arguments projected by Advocate Pranav Kohli. The Senior Advocates cited several judgments of Supreme Court and prayed for dismissal of the appeals filed by State Accountability Commission.
Advocate Ajay Sharma also argued and presented two judgments supporting the view of the writ court. After hearing both the sides at length, the Division Bench reserved its judgment.
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