Alleged appointments by former Speakers
HC granted week’s time to file reponse
5 Dariya News
Jammu 02-Feb-2016
In the much publicized writ petition filed by Prof. S.K. Bhalla seeking registration of FIR against 3 Former Speakers of J&K Legislative Assembly for allegedly making 37 illegal appointments Tuesday Justice Janak Raj Kotwal of Jammu Kashmir High Court (Jammu Wing) granted week’s time to the petitioner Prof. S.K.Bhalla to file response to the compliance report filed by Inspector General of Police, State Vigilance Organization wherein it was submitted that the matter has been referred to GAD for obtaining opinion and advice in the matter from Law Department. Looking into the importance of the issue the court directed the registry to list this petition for further consideration in the week commencing 15th Feb. 2016.When this writ petition came up for hearing Advocate Sheikh Shakeel Ahmed with Advocate Syed Hamza according to CNS drew the attention of the court to the order dated April 16, 2015 whereby the court had rejected the closure of the case by the SVO and had issued directions to conduct preliminary enquiry into the matter afresh within two months and compliance report was also directed to be filed thereafter.
Advocate Ahmed further submitted that in July, 2015 the SVO filed a status report alongwith the findings of the preliminary enquiry wherein astonishing revelations were made and the SVO divulged that 3 Former Speakers of the Legislative Assembly appointed 37 persons without adopting any criteria and the said appointments were made on pick and choose basis and no advertisement was issued while filling 37 posts. Advocate Ahmed further submitted that as per the findings of the preliminary enquiry 28 persons were appointed by Mohd. Akbar Lone, 5 were appointed by Tara Chand and 4 were appointed by Mubarak Gul all Former Speakers of J&K Legislative Assembly.Advocate S.S. Ahmed further submitted that on December 03, 2015 the High Court directed IGP SVO to take a final call on the preliminary enquiry conducted and decide future course of action. He further submitted that instead of lodging FIR in the matter the SVO in order to shield the high profile Former Speakers passed on the buck to GAD on the pretext of obtaining the legal opinion when SVO has the paraphernalia to take a final call in the matter.
Advocate Ahmed further submitted that the SVO is under the supervision of State Vigilance Commission (SVC) which has been created under J&K State Vigilance Commission Act, 2011 and it was incumbent upon the SVO to get the guidance/opinion from SVC and the SVO for no valid reasons bypassed SVC just to ensure safe passage for the 3 Former Speakers.On the other hand AAG P.C. Sharma appearing for SVO submitted that only week’s time may be allowed to him to file the updated status report divulging the final call taken by IGP SVO in the matter. After considering the submissions of both the sides Justice Janak Raj Kotwal of Jammu Kashmir High Court (Jammu Wing) granted week’s time to the petitioner to file his response to the status report filed by SVO and directed the registry to list this petition in the week commencing 15th Feb. 2016. Advocate Jahanzeb Hamal appeared on behalf of Mohd. Ramzan Secretary J&K Legislative Assembly whereas Advocate D.S.Chouhan appeared on behalf of Mohd. Akbar Lone the Former Speaker. (CNS)