SRINAGAR: Jammu and Kashmir Assembly witnesses a fresh row over the role of bureaucracy in legislative affairs, with legislators from the ruling alliance and opposition parties, barring the BJP, on Wednesday demanding action against the Law Secretary and Chief Secretary for writing to the Speaker against taking up the resolution seeking restoration of full statehood.
Congress MLA Irfan Hafeez Lone raised the issue in the House, questioning the authority of government officers to independently advise the Speaker on the admissibility of a resolution moved by the elected government.
He said the incident was “unknown to the law of authority” and argued that the Speaker, and not a government officer, had the power to decide whether a resolution could be taken up in the House.
“It is a matter of serious concern how a public servant gave his opinion on his own to the Speaker. It is not a small thing. It is a matter of serious concern. We want action to be taken. It should be referred to the Privilege Committee for action,” Lone said.
The controversy stems from communications sent by Law Secretary Achal Sethi and Chief Secretary Atal Dulloo to the Assembly Secretariat, arguing that the statehood resolution should not be taken up as the matter was sub judice. The letters were sent after Chief Minister Omar Abdullah moved the resolution and the Speaker admitted it for discussion.
Abdullah, who also holds the Law portfolio, had disclosed the communications in the Assembly on Monday while replying to the resolution. He said he was unaware that the Law Secretary had given an opinion to the Speaker against discussing his resolution and that the Chief Secretary had also written to the Speaker.
“I am a Law Minister and I don’t know that my law secretary is giving you opinion. As a CM I don’t know the Chief Secretary is writing to the Speaker against my resolution. I don’t know on whose behalf it is being done,” Abdullah had said.
He had also linked the episode to Jammu and Kashmir’s status as a Union Territory, asking whether such a situation could arise in a full-fledged state. “This happens only in UT where a CM moves a resolution and the law secretary gives an opinion against it,” he said.
PDP MLA Waheed Para on Wednesday submitted a privilege motion against the Chief Secretary and Law Secretary over their reported intervention in the contents and language of the resolution. Para said the issue concerned the authority and privileges of the legislature and urged the Speaker to examine the matter under the applicable rules.
Peoples Conference president and MLA Sajjad Gani Lone also criticised the alleged intervention, telling ruling party members that if they had the authority to act against those undermining the House, they should use it against the Chief Secretary rather than against legislators.
“If you are powerful, then take action against the Chief Secretary, who undermined the House. Show power there and not here,” Lone said.
However, National Conference MLA Mubarak Gul, who served as Acting Speaker for some time on Wednesday, said the opinion given by the officers was not binding on the House.
The BJP, which had opposed the statehood resolution and walked out of the House when it was passed, backed the position taken by the officials.
Leader of Opposition Sunil Sharma said the communications from the Law Secretary and Chief Secretary showed that the resolution had been found “illegal and unconstitutional” by the Law Department.
“If the resolution was passed despite the Law Secretary’s opinion, then the Speaker should step down and CM Omar Abdullah publicly apologise for bringing the resolution which has been labelled as unconstitutional by the Law Department,” Sharma said.
The Assembly on Monday passed the resolution seeking restoration of full statehood to Jammu and Kashmir amid protests and a walkout by BJP members.
