J&K SAC wants suo moto powers back, pleads before HC

The State Accountability Commission (SAC) in Jammu & Kashmir today strongly pleaded before the high court seeking restoration of suo moto powers to look into complaints against erring public functionaries.
The SAC fielded senior Supreme Court advocate Colin Gonsalves, referred to various provisions of Accountability Commission Act of 2002 to urge the court that provisions of the Act required to be given a purposive interpretation.
A division bench headed by Chief Justice N Paul Vasanthakumar is hearing the commission's appeal on the issue against the order of a single judge holding that the panel had no suo-moto powers to proceed against accused public functionaries.

"Any restrictive interpretation will result in demise of the Accountability Commission Act which was enacted to achieve transparency and accountability in public administration," Gonsalves said.
He referred to Supreme Court judgments to tell the court that anti-corruption legislation was to be given a constructive and purposive interpretation to achieve the object of good governance.
The commission should be credited with a power to take its probe to the logical conclusion. Even an anonymous complaint or a media report deserves cognisance by the commission to achieve the object of the Act, the counsel submitted.

The state government, however, has taken a contrary stand saying that SAC had no suo-moto power to investigate or inquire into a complaint against a public functionary.

The newly-composed SAC headed by former Chief Justice B A Khan is making efforts to regain the power of the commission under the original legislation.
The Commission Act has undergone multiple amendments making the commission powerless and ineffective.
In a significant judgment on January 7, 2013, the high court ruled that SAC cannot suo-moto direct investigation, inquiry or proceedings against a public functionary on the basis of an anonymous or as good as anonymous complaint.
A bench of Justice Hasnain Massodi struck down Regulation 9 holding it ultra vires the Jammu and Kashmir Accountability Commission and beyond power given to the Commission under Section 31 of the Act.