As the Jammu and Kashmir Assembly is set to discuss the privilege motion against former Army chief V K Singh for his remarks that politicians in the state were receiving money from the Army since 1947 to carry out ‘certain works’, the Congress has embarrassed the ruling ally National Conference (NC) for not supporting the privilege motion forwarded to the Assembly Speaker by the NC ministers. “We are not any party to do it, we will first see the Speaker’s response over it,” a Congress minister said in anonymity.
But there are others in the Congress, who have not only confronted the NC but also defended Agriculture Minister Ghulam Hassan Mir, who is in the Omar Abdullah Cabinet on the Congress quota.
Senior Congress leader Taj Mouhi-ud-din reacted sharply to NC patron Farooq Abdullah’s claims that his brother Dr Mustafa Kamal lost the Tangmarg seat to Mir because he was backed by the Army. “Kamal says the same thing against me. Let us not drag Army into politics,” Taj, Sports Minister in the Omar Government, said. State unit Congress chief Saifuddin Soz, since the motion was moved, has dodged the question.
But as the Congress distancing itself from the privilege motion, the Opposition Peoples Democratic Party has toed the NC line and has showed keenness for the discussion that was scheduled for Saturday but was postponed owing to a religious festival.
On Saturday, soon after the Zero Hour, PDP president Mehbooba Mufti was the first to ask about the discussion. “Our image has been maligned by his (Singh’s) allegations. I want to know when you are going to conduct the discussion,” the Leader of the Opposition said. The speaker, Mubarak Gul, however, posted the discussion for Monday.
But, as the Congress has distanced itself from the motion, the PDP has backed it. “Singh’s allegations are more damaging to the parties that have larger base in Kashmir and therefore PDP has no option but to support a discussion on the motion,” said a political science department professor, Kashmir University.
He said, for the PDP it is more important to participate in the discussion as opponents, including the NC, have accused it of being a intelligence agencies’ creation and taking help from the Army during 2008 state elections. As per the Section 15 of the state constitution that provides members of the legislature apart from having absolute ‘freedom of speech’ within the houses which can’t be questioned in any court of law for whatsoever reasons will have the same privileges as are with Houses of Parliament.
The Parliament under Article 105 of Indian Constitution provide the same privileges as were enjoyed by Parliament prior to ‘forty-fourth amendments’.
Prior to forty-fourth amendments, same article provided that Parliament will have same privileges as are enjoyed by ‘House of Commons’ in England. House of Commons has powers to penalize a person for breach of privileges.
Consequently, Kashmir’s State Assembly too has a power to call V K Singh or any person for causing aspersions against the members of the Legislature.
“There are certain rules and punishments in this act. And Law follows its own course, if it is disrespected. We have supported the NC’s privilege motion move in favour of restoring the credible image of democratic system,” said Naeem Akhter, PDP spokesperson.
However, in case V K Singh fails or challenges the authority of the Legislature in the Court of Law, it can create an avenue of confrontation between the State Legislature and the courts.
As the House has a right and can punish any person if found guilty of breach of privilege or contempt of the House either by reprimand or admonition or by imprisonment for a specified period that can extent up to 80 days during the continuance of the session of the House, said a constitutional expert.