High-level committee to look into working of SVC, ACB
Mohinder Verma
JAMMU, Nov 26: Keeping in view the Supreme Court’s explicit directions, the administration of Union Territory of Jammu and Kashmir on the directions of Lieutenant Governor Girish Chandra Murmu has set into motion an exercise to examine the applicability of the Lokpal and Lokayuktas Act passed by the Parliament in the year 2013.
The Lokpal and Lokayuktas Act, which received the assent of President of India on January 1, 2014, provides for establishment of a body of Lokpal for the Union of India and Lokayukta for the States and Union Territories to inquire into allegations of corruption against public functionaries and connected matters.
The Section 63 of the Lokpal and Lokayuktas Act, 2013 states: “Every State/UT shall establish a body to be known as the Lokayukta, if not so established, constituted or appointed, by a law made by the State Legislature, to deal with complaints relating to corruption against public functionaries, within a period of one year from the date of commencement of this Act”.
However, no serious attention was paid towards this provision of the law passed by the Parliament on the ground that in Jammu and Kashmir there was Accountability Commission to exercise jurisdiction over public men and Vigilance Commission to look into the complaints of corruption against Government servants.
In the month of March, 2018, the Supreme Court Bench headed by the then Chief Justice Ranjan Gogoi issued notices to Chief Secretaries of 11 States including Jammu and Kashmir with the direction to explain as to why they have not appointed Lokayukta despite lapse of several years. However, till date, the Central Law as well as directives of the Supreme Court have remained unimplemented.
Now, on the directions of the Lieutenant Governor G C Murmu, the administration of Union Territory of Jammu and Kashmir has initiated an exercise to examine the applicability of Lokayukta Act.
A committee headed by Secretary to the Government, Department of Law, Justice and Parliamentary Affairs, Director Anti-Corruption Bureau and an Additional Secretary in the General Administration Department has been constituted to look into the working of the Jammu and Kashmir Vigilance Commission, Anti-Corruption Bureau and the applicability of Lokayukta Act.
Moreover, the committee, which has been authorized to co-opt two officers from the Department of Law, Justice and Parliamentary Affairs in the exercise, will also examine the issue related to definition of ‘public servant’ under Indian Penal Code for the public servants of Union Territory of Jammu and Kashmir and submit its report by December 13, 2019.
It is pertinent to mention here that J&K Accountability Commission ceased to exist from October 31, 2019 as the Act whereby this body was established was repealed by the Jammu and Kashmir Reorganization Act. Similarly, the Chief Vigilance Commissioner and Vigilance Commissioners in the J&K Vigilance Commission held office only till the appointed day—October 31 as per the provisions of Reorganization Act.
“Practically, there is no anti-corruption ombudsman in the Union Territory of Jammu and Kashmir at present to look into the complaints of corruption against public men and public servants”, sources said, adding “if established the Lokayukta will have jurisdiction over both public men and public servants and State Vigilance Commission will cease to exist and the Lokayukta will be assisted by Anti-Corruption Bureau”.
It is pertinent to mention here that Law Commission of J&K headed by Justice (retd) M K Hanjura has already recommended establishment of Lokayukta in the Union Territory of Jammu and Kashmir so that complaints of corruption against the public functionaries receive due attention.
“The jurisdiction of the Lokayukta if established shall include Ministers, Members of Legislative Assembly, officers and employees of the Union Territory from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of Section 2 of the Prevention of Corruption Act, 1988 when serving or who has served in connection with the affairs of the Union Territory”, sources said.
They further said, “Lokayukta shall have jurisdiction over all officers and employees referred to in clause (c) equivalent in any body or board or corporation or authority or company established by an Act of Parliament or the Legislative Assembly of the Union Territory or wholly or partly financed by the Government or controlled by it”.
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