JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY SECRETERIAT JAMMU COMMITTEE ON PRIVILEGES 2013-14 14 3 RD RD REPORT (ELEVENTH LEGISLATIVE ASSEMBLY) PRESENTED TO THE HOUSE ON
THIRD REPORT OF THE COMMITTEE ON PRIVILEGES ELEVENTH LEGISLATIVE ASSEMBLY TABLE OF CONTENTS Composition of the Committee on Privileges Introduction (i) (ii) Report 1 Breach of Privilege given by Hon ble Member Rafi Ahmad Mir 2 Facts of the Case 2 Findings of the Committee 3 Recommendation / observations of the Committee 3 Breach of Privilege given by Hon ble Member Er. Abdul Rashid 4 Facts of the Case 4 Findings of the Committee 4 Recommendation/ observations of the Committee 5
COMPOSITION OF THE PRIVILEGES COMMITTEE (2013-14) 14) 1. Mr. Mohammad Irfan Shah, Chairman Members 1. Mr. Tsetan Namgyal 2. Peer Afaq Ahmad 3. Mr. Aijaz Ahmad Jan 4. Mr. Mushtaq Ahmad Shah 5. Mr. Sham Lal Choudhary 6. Mr. Charanjit Singh 7. Mr. Abdul Razak Wagay 8. Smt. Indu Pawar Secretariat:- 1. Mr. M. Ramzan, 2. Mtr. Naseem Jan, 3. Mr. Abdul Qayoom Mir 4. Mr. Shabir Ahmad Wani Secretary Deputy Secretary Under Secretary Section Officer
INTRODUCTION 1. I, the Chairman of the Committee on Privileges have been authorized by the Committee; do present the 3 rd Report of the Committee on Privileges of 11 th Legislative Assembly to the House. 2. The Committee on Privileges of the House is being considered as an important instrument for defining powers, privileges and immunities of the Hon ble Members of the State Legislature. 3. The Committee is enshrined with the mandate to consider any question of privilege referred to it by the House or the Hon ble Speaker. 4. The Committee held a series of meetings and examined / deliberated upon the various breach of Privilege notices referred to it from time to time. 5. The Committee held a threadbare deliberations upon privileges and immunities of the Hon ble Members and drafted some important guidelines to be observed by the Officers / Departments while dealing with the Legislators. 6. I feel honored to place on record my deep sense of appreciation to the Hon ble Members of the Committee for extending their whole hearted cooperation to me for making the functioning of the Committee successful. 7. The Committee places on record its appreciation to the Secretary, M. Ramzan and other concerned officers / officials of J&K Legislative Assembly Secretariat for rendering necessary assistance in preparing and giving shape to the report of the Committee. 8. The Committee considered and adopted the report in its setting held on 13/02/2014 Jammu Dated: - Mr. Mohammad Irfan Shah Chairman Committee on Privileges
The Committee on Privileges held a series of meetings to discuss and deliberate upon the issues of powers, privileges and immunities enjoyed by the Hon ble Members of the House and while underlining its importance and observed that such privileges have clearly been laid down in the Constitution and have been granted to the Members of Legislature with the aim of sole enabling them to perform their Parliamentary duties without hindrance. It viewed the nonadherence to the warrant of Precedence by the Govt. Officers/ HOD s, being mostly noted during the official functions and observed that all the heads of Departments especially the Director General of Police, Deputy Commissioners, SSP s and S.P s were under an obligation to extend due regard, courtesy and protocol to the Legislators. It also desired that a copy of the warrant of precedence should be circulated among all of them by the General Administrative Department with the direction that the same shall be followed in letter and spirit. The Committee further suggested that all the divisional/ district Level Officers should take the Hon ble members of their respective areas on board while formulating schemes / projecting the plans under the various centrally sponsored schemes as they were well conversant with the ground realities of a particular area and could identify the most deserving people to be benefitted by such prestigious schemes. In the context of discussing of the issue comprehensively, the Committee decided to take a meeting with some HOD s/ Officers of the District administrations enabling it to make them understand their role in observance of the warrant of Precedence viz a viz extending due honor and regard to the public representatives while discharging their duties. The Deputy Commissioner, Pulwama on being asked by the Committee to brief it about extending immunities, protocol to the Hon ble Legislators by the District Administration, deposed that it was mandatory upon each and every public servant to observe the warrant of Precedence beside giving due protocol to the public representatives during the discharge of their legitimate duties adding that an insane person could alone indulge in breach of privilege or misdemeanor. He further assured the Committee that they would endeavor to safe-guard the freedom and
authority of the democratic institutions in the State. The Deputy Commissioner Bandipora while endorsing his view point stated that every officer was aware about his duties towards the legislators and was under an obligation to give honor and protocol to them. While participating in the discussion, the Deputy Commissioner Baramulla deposed that two issues i.e. order of precedence and response to the demands/dictates of the legislators were infact involved in upholding the protocol of the legislators. As disciplined bureaucrats they were under an obligation to adhere to WOP but at the same time the legislators being the law makers were equally responsible to adopt the established procedures. He further stated that annual District Plans were being formulated only after being approved by the concerned MLA s/ MLC s. He also made a mention of establishing of a control room at the district level which has eased out the tracking of field officers to respond to their requirements. At this stage the Committee desired that a control Room be established at every District Headquarter on the analogy of Baramullah District to regulate and monitor the phone calls and other massages of Hon ble Legislators regarding the grievances and other demands of their electorate to be redressed and fulfilled by the offices at various levels in the respective Districts. The Divisional Commissioner, Jammu while responding the queries of the Committee demanded that no public servant could dare to deny the fact that the Hon ble Legislators enjoyed the privileges under the Constitution only to render the their services to the society in its larger interests and further assured the implementation of WOP in letter and spirit. The Committee inter-alia recommended that the recommendations contained in the 2 nd report of 11 th Legislative Assembly presented to the House on 3 rd April 2013 be implemented in letter and spirit. The Committee also examined / decided the following breach of privilege cases referred to it from time to time:- 1. Breach of privilege notice given by Hon ble Member Rafi Ahmad Mir, Chairman Public Accounts Committee against Director, Health Service Kashmir.
Point of privilege:- Disrespect shown towards the direction of the Committee by the Officer. Facts of the Case:- It was stated in the notice referred herein above that the Committee on Public Accounts proceeded for an on spot inspection of the developmental works being undertaken by various departments in Bandipora and Sonawari Constituencies including the Health Department, on 20 th & 21 st of Dec. 2012. In this connection, the Director Health Services Kashmir, among others was also asked by the Committee to accompany it during its on spot inspection. He was also informed telephonically by the Hon ble Chairman himself. However the said officer did not accompany the Committee. The matter was accordingly brought to the notice of the Hon ble speaker requesting him to initiate appropriate proceedings against the said Officer for showing disrespect towards the directions of the Committee. The Hon ble speaker while taking cognizance of the matter was pleased to call the concerned officer in his office chambers on 27/12/2012. However the Hon ble Member insisted to refer the notice to Committee on Privileges for further course of action and subsequently the case was referred to it by the Hon ble Speaker for examination and report. Findings of the Committee:- The Committee on Privileges after considering the said notice in its meeting on 13/06/2013 and examined in person Dr. Saleem-u-Rehman, Director, Health Services Kashmir on 20/06/2013. While explaining his position, he stated that in view of Budget discussions pertaining to his department held on 19/10/2012 at Jammu he was unable to accompany the said Committee during its on spot visit. However he deputed Deputy Director (Planning), Directorate of Health Services Kashmir to accompany the visiting team besides kept all the relevant records at the disposal of the Committee. He further stated that after the Budget meetings, he rushed to Airport on 20 th of December, 2012 in order to accompany the said Committee but due to delay in the take off of the flight from Jammu to Srinagar owing to bad weather, he could not reach there in time. He still rushed to the Assembly Secretariat after his arrival at 12:00 there but the Committee had left the Secretariat premises then. He also produced some documentary proof in the shape of air tickets/boarding card etc. in support of his statement made before the Committee and also tendered written apology besides assuring that he would remain more careful in future. The Hon ble Chairman PAC was accordingly informed under the directions of the Committee about the written apology
tendered by the concerned officer before it on 27/06/2013 by the Assembly Secretariat. Recommendation / observations of the Committee The Committee after being satisfied by the statement viz a viz the documentary proof/ written apology tendered by the concerned officer unanimously decided to drop the privilege case against the concerned officer. 2. Breach of privilege notice given by Hon ble Member Er. Abdul Rahid against Chief Education Officer, Kupwara. Point of privilege:- Disrespect shown towards the authority of public representative. Facts of the Case: - The Secretariat on 31/12/2012 received a notice of breach of Privilege referred herein above stating therein that the said Officer was given cold shoulder when some issues of public importance were brought to his notice by showing disrespect towards the elected representative adding further that the said officer even did not attend to his urgent phone calls. It was further stated that during annual day function of a school of his area, the Hon ble Member was ignored while as the political workers were invited to the said function in utter disregard to his protocol and it was further stated that the concerned officer never bothered to hold meetings in respect of discussing the development proposals/ educational programmes of his constituency. The Hon ble Member further stated that the said omissions/commissions were reported to the concerned Deputy Commissioner and Director School Education Kashmir but the said officer failed to mend his behavior even after asked by his superior officers. It was in this context the Hon ble speaker was request to initiate breach of privilege proceedings against him. Findings of the Committee:- The Committee on 18/07/2013 took in to consideration the case and asked the concerned officer to explain his position in this behalf. The said officer (retired by then) deposed that due to some technical faults, all the contact numbers in his cell phone were got deleted and as such he could not recognize the voice of the Hon ble Member when he gave a call to him and regrets for the same. With regard to ignoring the public representative from being invited to the parental function of the school, he
said that he was having no authority to invite anyone in the conference as it was a purely a management affair. Stating further that he never undermined the authority of the public representative with mala-fide intention but has ever kept him in high esteem for the protocol he enjoyed. He further informed the Committee that he has worked hard throughout his service career and his services were infact acknowledged for his dedication and hardwork in identifying / augmenting the most prestigious educational schemes in the district for which he was given the state award as well. In the and the Ex. CEO tendered an apology for the inconvenience, if any, caused to the Hon ble Member. Recommendation / observations of the Committee The Committee after having due deliberations observed that the version kept by the Ex. CEO seems to be based on bona-fide contentions and in view of his retirement besides un-conditional apology tendered by him recommended that the matter be treated as closed.