Sanjeev Pargal
JAMMU, Apr 4: The Legislative Assembly today rejected two private member’s bills proposing setting up of Lok Pal in Jammu and Kashmir and providing political reservations to Scheduled Tribes. It also disallowed another private member’s bill seeking 33 per cent share to ‘baaridars’ from the offering of Shri Mata Vaishno Devi ji shrine.
However, it allowed introduction of three private member’s bills including the one seeking amendments in State Accountability Commission (SAC), allowing an accused to have right to get his case transferred to any other Court and reservation to Scheduled Castes/Scheduled Tribes in the districts on the basis of their population and barring reservations, where they have no population.
The BJP breakaway group and NPP MLA Balwant Singh Mankotia staged walk-out in the Assembly after their bills were defeated in the House.
A total of 12 out of 27 private member’s bills, listed for today’s business, were taken up in the House. Of them, three were defeated while the Government allowed introduction of three others. While one MLA withdrew his bill on the assurance of the Government, four bills of PDP MLAs and one of BJP legislator lapsed due to their absence in the House.
BJP breakaway group leader Prof Chaman Lal Gupta through one of his private member’s bill had sought appointment of Lokpal in the State at par with other States.
“Various State Governments have set up the Lokpal. The Chief Minister and other political leaders would fall under purview of Lokpal,’’ Prof Gupta said, adding that the institution of Lokpal would serve as deterrent for the politicians.
He said the Lokpal would ensure accountability for any act of discrimination, graft or non-performance of any of the functionaries of the State created under the Constitution including Chief Minister, members of his Cabinet, Members of Legislature and all public servants including those serving in the Corporations.
However, Law and Parliamentary Affairs Minister Saifullah Mir opposed the bill. As Prof Gupta pressed for introduction of the legislation, Speaker Mubarak Gul put it to vote. The House rejected it.
Through another private member’s bill, Prof Gupta had sought political reservations for Scheduled Tribes (STs) in the State.
“Though the STs have reservations in the Government recruitments, they have been denied political reservations i.e. reservation of seats for them in the Assembly and Parliament from Jammu and Kashmir despite the fact that a number of communities including Gujjars, Bakerwals, Gaddies, Sippies and people of Leh and Kargil have been accorded the ST status,’’ Prof Gupta said.
Law Minister Saifullah Mir said the political reservations to STs required a debate and consultations with all political parties since two-third majority was needed for the Constitutional amendment. Moreover, he added, even in the absence of political reservations to STs, a good number of people from these communities have been elected to the House.
However, Saifullah assured Prof Gupta that his bill would be sent to a Committee, which has been constituted by the Government to study all private member’s bills.
Prof Gupta and his colleague Jagdish Raj Sapolia insisted that the bill should at least by submitted to the Select Committee. JSM MLA Ashwani Sharma and NPP legislator Balwant Singh Mankotia also supported the demand for sending the bill to the Select Committee.
As their demand was not accepted, all three BJP breakaway group MLAs, present in the House, including Prof Gupta, Jagdish Raj Sapolia and Bharat Bushan staged a walk-out in the House.
The Government also opposed introduction of a private member’s bill of NPP legislator Balwant Singh Mankotia seeking 33 per cent share of Mata Vaishno Devi shrine’s earnings to the ‘baaridars’.
Mr Mankotia said he had brought the bill earlier also in 2003, which was then referred to the Select Committee. The Committee visited Pashupati Nath temple in Nepal, Tirupati Ji and various other shrines on which crores of rupees were spent. However, the Select Committee report was not presented in the House, a result of which the Committee lapsed in 2008.
“How the Government can oppose introduction of the bill now?’’ he asked.
Urban Development and Local Bodies Minister Nawang Rigjin Jora said Shri Mata Vaishno Devi Ji Board is a success story in the country and no changes can be allowed in it.
“The Governor, who happened to be Constitutional head of the State, was Chairman of the Board, a post which was above the Government. Shrine Board resources were not directly or indirectly under control of the Government,’’ Mr Jora said while opposing introduction of the bill.
He added that pilgrimage to Mata Vaishno Devi shrine has touched 1.10 crore, which was strongly benefiting economy of Jammu. The Shrine Board has written a success story in entire India. For few people, it can’t be tampered with, he added.
Further, Mr Jora said, as per the Tribunal award, 70 per cent compensation has been paid to the ‘baaridars’. Remaining ‘baaridars’, who haven’t taken the compensation were involved in family feud, he added.
Mr Mankotia pressed the bill for introduction, which was rejected by the House.
Speaker Mubarak Gul as well as Independent MLA Engineer Rashid wanted to know from Mr Mankotia that where his two colleague were as he was agitating alone on the bill. NPP MLAs Harshdev Singh and Yashpal Kundal were not present in the House at the time of introduction of the bill.
Mr Mankotia staged a walk-out after his bill was defeated.
The Law Minister allowed introduction of a private member’s bill moved by Basohli MLA of BJP breakaway group Jagdish Raj Sapolia that sought amendment in Code of Criminal Procedure’s Section 526 under which any accused can file application in High Court to get his case transferred.
“In case no local Advocate takes up or refused to take up the case, the accused shall have right to get the case transferred,’’ the bill said.
Minister of State for Revenue Aijaz Ahmad Khan opposed Independent MLA Charanjit Singh Jasrotia’s private member’s bill seeking increase in interest for delay in payment of land compensation to the people by the Government up to one year to 10 per cent and beyond one year to 12 per cent.
Mr Jasrotia observed that delay in payment was caused by negligence of the Government. “If compensation was paid on time, the Government didn’t have to pay any compensation,’’ he said.
He added that at present the Government was paying 6 per cent interest on compensation for one year delay and 10 per cent beyond that. “I have proposed 10 per cent interest on one year delay and 12 per cent beyond that,’’ he said.
The Revenue Minister described the amendment as good but said the Government itself was proposing amendments in Land Acquisition Act.
“We are bringing amendments taking broader view of all aspects. The bill would be sent to the Law Department and the suggestions of Mr Jasrotia would also be taken into account,’’ Mr Khan said.
On the basis of assurance, Mr Jasrotia withdrew his bill.
The Government allowed introduction of a bill moved by Independent MLA Engineer Rashid proposing amendment in Jammu and Kashmir Civil Services Decentralisation and Recruitment Act.
Through the bill, Mr Rashid had sought reservations to SCs and STs in the Government jobs should be given in the districts as per their population. The candidates of SCs and STs from one district shouldn’t be given reservations in other districts.
The Government allowed introduction of a bill by Prof Chaman Lal Gupta through which he had sought amendment in Jammu and Kashmir Accountability Commission Act.
Prof Gupta said: “it is expedient to provide prompt and fair investigations and prosecution of cases of corruption and for independent powers to ensure that J&K Accountability Commission Act is complied with independent powers to ensure that it was complied with in letter and spirit.’’
He said there was need for effective and independent institution having exclusive powers of superintendence, direction and control over it.
“It has to be ensured to safeguard dignity and prestige of public functionaries against false and frivolous allegations,’’ he added in the bill.
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