*Returns never put to scrutiny by J&K Council, Assembly Sectt
Mohinder Verma
JAMMU, Dec 7: At a time when country wide crusade has been launched against corruption and much thrust is being laid on ensuring transparency and accountability in the process of governance, keeping assets both movable and immovable of the law-makers out of the public gaze doesn’t make any sense and necessary amendments should be carried out in the legislations on this aspect so as to plug the lacunas and ensure that annual assets declarations of the Legislators and Parliamentarians are put in public domain.
These views have been expressed by the experts of different fields including legal luminaries while interacting with EXCELSIOR on the shortcomings in the Jammu and Kashmir Public Men Declaration of Assets and Other Provisions Act, 1983.
Under this Act, public man—a member of either house of the State Legislature; a member of the Council of Ministers including a Minister of State; a member of the Municipal Council or Town Area Committee or an elected member of a Notified Area Committee; a Chairman of the Municipal Committee/ Council or Town Area Committee or Notified Area Committee is required to submit annual returns of the assets held by him or his family members in the month of January every year.
Moreover, as per the provisions of this legislation they (public men) are required to state the reasons for increase, if any, in the assets and source thereof. The Act also states that the returns after scrutiny shall be kept under the custody of the prescribed authority and if any public man submits a false return, he/she shall be liable to punishment under Section 103 of the State Ranbir Penal Code (RPC).
Though the public men of Jammu and Kashmir, who are governed by this legislation, are annually submitting returns of their assets, as per the claims of the Legislative Assembly and Legislative Council Secretariat, but the same have never been made public. In this way, an exception has been given to the law-makers, which otherwise is uncalled for and unjustified as far as ensuring transparency and accountability in the system is concerned.
This is mainly because the Act is completely silent about making public the assets declaration details. More so, if anybody has to seek details of assets amassed by any Legislator even after invoking the provisions of Right to Information Act, the same will be made available only with the consent of Legislator concerned, which otherwise is not possible.
The experts are of the opinion that if assets declarations of the Judges of the High Courts and Supreme Court can be made public by hoisting on the respective websites and IAS/IPS officers can make public details of assets held by them through the websites of Union Ministry of Home Affairs and Department of Personnel and Training (DoPT), Government of India, there should not be any problem with regard to putting such an information of law-makers in public domain.
It is a matter of serious concern that when details of moveable and immovable assets held by any person are made public by the Election Commission of India as and when he or she enters the process for election to the State Assembly or Parliament what is the harm in making such details available for public gaze following their election as law-makers.
In J&K, although the Presiding Officers of the Legislative Assembly and Legislative Council are receiving the annual returns of assets from the members of these Houses but the same were never put to scrutiny despite the fact that there is a provision in J&K Public Men (Declaration of Assets) Act, 1983 which provides for disqualification of public men if from the scrutiny of the returns it is found that he or she has in any way abused or misused his/her position in the matter of acquisition of any property or by undue pecuniary gain to himself or to his family members, admitted some officers in the Secretariat of Assembly and Council.
Former Advocate General of J&K and Senior Advocate D C Raina said, “from careful examination of Section 21 of Ranbir Penal Code and other relevant laws one can easily come to the conclusion that no exception can be provided to the law-makers”, adding “if transparency and accountability has to be ensured some changes are required to be made in the existing provisions of some laws so that all organs of the system are treated equally”.
Former Director General of Police Dr Ashok Bhan, who also remained Vigilance Commissioner in Jammu and Kashmir, said, “the law-makers should be role model for others. Who else will set an example if the law-makers don’t”, adding “I think there should not be any problem in making public details of assets of public men as such a step would go a long way in ensuring transparency”.
“The very purpose of the Right to Information Act is to ensure openness and this landmark legislation lays thrust on voluntary disclosure of information so that people get little chance to file applications to obtain information”, he said, adding “a mechanism should be evolved whereby the details of the assets are put in public domain annually on the pattern of disclosures at the time of entering the election fray”.
He, however, said that scrutiny of such declarations shall remain the prerogative of the Presiding Officers of Legislative Assembly and Legislative Council as defined under J&K Public Men (Declaration of Assets) Act, 1983.
Former Chief Information Commissioner of Jammu and Kashmir, G R Sufi, who played crucial role in establishing the regime of transparency in the State, said, “it would be a major step towards transparency if the details of assets held by the law-makers are put in public domain as and when the declarations are made”, adding “no one should take the system for granted for his/her own comfort or convenience”.
“If the law-makers don’t play role in ensuring transparency and accountability in the system that would amount to creating obstacles in the process of cleansing the system of menace of corruption and mal-administration”, the former CIC said.
Pointing towards amendments carried out in the J&K Right to Information Act by the law-makers without application of mind, he said, “there is a tendency in the country in general and J&K is particular that legislators enact laws or carry out amendments in the same without applying mind”, adding “it is very unfortunate that when the law-makers feel the heat from the implementing agencies they go in for amendments to scuttle the entire process and to ensure that they remain out of the purview of the laws”.
Former legislator and legal expert Harshdev Singh said, “there should not be any second thought about making such a provision in the law whereby details of assets of law-makers are put in public domain soon after their filing with the Presiding Officers”, adding “cleansing of stairs should begin from the top and not from the bottom”.
“When the Legislators and Parliamentarians are talking of making the society corruption-free they should not have any problem if declarations of their assets are made public”, he said, adding “such a step will go a long way in ensuring transparency, which is the spirit of the Right to Information Act”.
“It is unfortunate that when efforts are being made to make each and every citizen of the country accountable for every penny they are holding no step is being taken to ensure that declarations of assets by public men are put in public domain”, he regretted, adding “if the people have right to elect anybody to the Assembly or Parliament they must have the right to know the assets of their elected representatives”.
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