Mohinder Verma
JAMMU, Aug 19: In a major decision albeit after a prolonged delay, the Jammu and Kashmir State Accountability Commission has revived proceedings against the senior Congress leader and former Education Minister Peerzada Mohammad Sayeed for misusing position to facilitate his foster son to use unfair means in the Secondary School Examination some years back. The Commission has also initiated regular inquiry against the public functionary with formal intimation to the Governor as per the provisions of the J&K State Accountability Commission Act.
As per the case before the State Accountability Commi-ssion (SAC), Peerzada Mohammad Sayeed, the then Education Minister had facilitated his foster son Imam Subhan Bhat to use unfair means when the latter was taking Secondary School Examination (Annual) in Al-Amin School (Centre No.228). Even after detection of this illegality, he (Peerzada Sayeed) got his son let-off by exerting pressure on the concerned authorities in blatant misuse of his official position.
The issue was highlighted by the media and accordingly SAC, while taking suo-moto cognizance, summoned the then Education Minister to appear before it. However, the suo-moto cognizance was questioned by the public functionary through a writ petition before the High Court, which stayed the proceedings against the public functionary while striking down Regulation 9 of the Accountability Commission.
However, the SAC preferred appeal against the judgment of the Single Judge before the Division Bench of the High Court. During the pendency of the appeal, the Commission, as per the judgment of the Single Judge, closed the enquiry. After detailed arguments, the Division Bench set-aside the Writ Court’s judgment thereby paving the way for the Accountability Commission to revive inquiry against former Education Minister.
But before proceeding further, the SAC found it appropriate to seek public functionary’s objection, if any, to the continuation of the inquiry. The counsel appearing for the former Education Minister submitted before the SAC that it cannot revive the inquiry as neither does it possess any inherent power to do so nor does any statute vests in it any other power or jurisdiction to revive or review the earlier order which had attained the finality.
On the other side, amicus curiae engaged by the Accountability Commission submitted that following the judgment of the Division Bench the eclipse they had engulfed the proceedings of the Commission because of the judgment of Single Judge would always be deemed to have ceased and to have effect of any kind on the proceedings of the Commission resultantly leading to the revival of inquiry against the public functionary.
After considering the arguments of both the sides, the Full Commission observed, “to give effect to the judgment of the Division Bench, it becomes necessary to revive inquiry against the public functionary to uphold the authority of law”, adding “with the quashing of Single Judge’s judgment, all effects of the Writ Court judgment would cease to operate. All proceedings taken thereafter giving effect to the judgment of the Writ Court, including the Ministerial order of the Commission closing the proceedings, has consequently become ineffective”.
“Although the power of review may not be there in the statutory authorities like this Commission but at the same time it is no longer ress Integra that the Commission surely possess incidental and ancillary powers which are necessary to give full effect to the statutory powers which the statute vests in the Commission”, the Full Commission said while referring to the Supreme Court judgment in Union of India versus Parra Laminates Pvt Ltd.
Finally, the Commission has found no sustainable objection in continuing proceedings against the public functionary. Accordingly, the Full Commission comprising Justice B A Khan (Chairperson) and Justice J P Singh and Justice B A Kirmani (Members), which met at Srinagar recently, revived the proceedings and ordered regular inquiry against the former Education Minister.
“The Commission has issued notice to Peerzada Mohammad Sayeed as per the provisions of J&K State Accountability Commission Act for filing response within a period of two months”, sources said, adding “the Commission has formally intimated the Governor N N Vohra about revival of proceedings, which is a requirement under Section 13 of the Act”.
Pointing towards certain provisions of the Act, sources said, “no doubt the Commission has taken a major decision to revive proceedings against the public functionary but it took nearly one and half years to arrive at this decision, which otherwise should have been decided within a period of six months”.
“Now, it is to be seen as to whether the Accountability Commission completes the regular inquiry within the time-frame stipulated in the Act or drags its feet”, sources said.
It is pertinent to mention here that recently Supreme Court, in a significant order, upheld the suo-moto powers of the J&K State Accountability Commission while dismissing the plea of former Congress Minister Dr Manohar Lal Sharma.
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