High Court of Jammu and Kashmir

Suman Lata Bhagat v. State and Ors.

MANU/JK/0001/2016

01.02.2016

Constitution

Jammu and Kashmir HC approves suo moto accountability

Jammu and Kashmir High Court ruled the State’s Accountability Commission, a body receiving complaints against public functionaries, capable of beginning investigations and enquiries suo moto. Formed by the Jammu and Kashmir Accountability Commission Act, 2002, the Court found the Commission imbued with a legal position higher than that of a ‘mere' statutory body, rather “resembl[ing] a constitutional authority”. It added, while its function was defined by statute, performance of the same could not be circumscribed by the same. Given the wide remit of the Commission to investigate and enquire into matters incumbent in the upper echelons of government and authority, the Court opined, expecting complaints from ordinary citizens against “powerful people” would be obtuse. Aside from the remit of the Commission, the High Court looked to its constituting members to find freedom in investigation: the Chief Minister, Speaker of the Legislative Assembly, Chief Justice and other senior figures in government and legislature.

Relevant

Viom Networks Limited versus State of J & K, reported in MANU/JK/0008/2012
Jammu and Kashmir Accountability Commission Act, 2002

Tags : Accountability commission suo moto proceedings

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