Mohinder Verma
JAMMU, Dec 12: Taking suo-moto cognizance of the report on illegal appointments made at the behest of the then Law Minister and presently Minister for Agriculture, Ghulam Hassan Mir and dropping of case by the Government, the State Accountability Commission (SAC) today directed the Commissioner, State Vigilance Organization to submit status report of the case within seven days.
According to the FIR No. 37 of 1987 registered by the Vigilance Organization, about 55 persons were appointed by the then Law Minister, Ghulam Hassan Mir in connivance with some officers in the Legal Aid Board as well as in District and Tehsil Committees without adhering to the norms.
Simple applications were taken from the individuals, who were very near and dear to the then Law Minister. Even some candidates, who were overage and in whose cases no relaxation of age was given, were appointed in the Legal Aid Cell in sheer misuse of the powers by the then Law Minister and his officers.
After completion of investigation into the case, the report was sent to competent authority for accord of Government sanction. However, the Government withdrew the criminal cases against two co-accused G M Thakur and A Q Parray, the then Law Secretary. On March 3, 2010, the General Administration Department wrote a letter to the Commissioner of Vigilance advising him to close the case once for all.
The GAD communication vide No.48-SP/88-II reads: “In view of the withdrawal of prosecution against two important functionaries—G M Thakur and A Q Parray, it would be in the fitness of things to withdraw the cases against all accused persons including G H Mir. The case is now more than three decades old and even if there was some material or evidence available at the relevant time to connect the accused persons with the case, that might by now have been lost due to afflux of time”.
It further reads: “Since the Government has closed the case so far as the Government servants were concerned, it is quite un-necessary to keep the matter alive in respect of other accused including G H Mir as it puts the Government of the time in embracing situation each time the issue is raised in the State Legislature regarding pending corruption cases against Ministers…”.
After going through the report pertaining to this case in a newspaper, the State Accountability Commission comprising Chairperson Justice J P Nargotra and Member Justice Hakim Imtiyaz Hussain decided to take suo-moto cognizance. “In our considered view the facts mentioned in the report deserve cognizance and for verification in terms of Section 12 of J&K Accountability Commission Act, the office is directed to seek a status report from the Commissioner, State Vigilance Organization”, the SAC order said.
“The report should reach the Commission within a period of seven days. This order shall be registered as complaint for preliminary verification”, the order said.
It is pertinent to mention here that Division Bench of State High Court has already sought the record of the case in a Public Interest Litigation (PIL) seeking prosecution sanction against corrupt officers.
In response to a question, sources in the Accountability Commission said, “no doubt the powers of the Commission to take suo-moto cognizance have been challenged in the High Court but the verdict on the same has not been delivered till date as such the Commission is competent to take suo-moto cognizance”.
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