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DB reserves Judgment in case of 'suo-moto' powers of SAC
12/23/2015 10:56:58 PM
Early Times Report

Jammu, Dec 23: In a jam-packed court, a Division Bench (DB) comprising Justice Muzaffar Hussain Attar and Justice B S Walia reserved the Judgment in the appeals filed by State Accountability Commission (SAC) wherein the SAC has questioned the Judgment of Single Judge (Justice Hasnain Masoodi) whereby the writ court held that SAC does not have the suo-motu powers to take action against the public functionaries.
During daylong hearing the Division Bench heard the arguments of Advocate Pranav Kohli for the State Accountability Commission (SAC) who argued that SAC has the power to hear the matter suo-motu and relied upon various Judgments of the Supreme Court.
He also submitted that the purposive interpretation is required to be given to the Accountability Commission Act, 2002 as it is a anti-graft legislation and he sought the reversal of the Judgment passed by the writ court.
On the other hand Advocate General Jahangir Iqbal Ganie with Government Advocate Ahtsham Bhat reiterated the stand of the State and submitted that SAC lacks the powers to hear the matters suo-motu. Senior Advocates UK Jalali, D C Raina, P N Raina, B S Salathia also presented their arguments and countered the arguments projected by Advocate Pranav Kohli. The Senior Advocates cited several judgments of Supreme Court and prayed for dismissal of the appeals filed by State Accountability Commission.
Advocate Ajay Sharma also argued and presented two Judgments supporting the view of the writ court.
After hearing both the sides at length, the Division Bench reserved its Judgment. (JNF)
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