Breach Of Privilege Moved Against Top J&K Officials Over Statehood Letter

A breach of privilege motion has been moved against Jammu and Kashmir Chief Secretary Atal Duloo and Law Secretary Achal Sethi for allegedly trying to scuttle the resolution for the restoration of statehood in the Assembly.

The resolution was moved by J&K Chief Minister Omar Abdullah on Friday and passed in the Assembly on Monday. The privilege motion was moved by MLA Waheed ur Rehman Parra after members from different parties raised serious concerns over bureaucratic overreach.

In his motion of privilege against Chief Secretary and the Law Secretary, Parra said, "The issue before us is whether the elected Legislature can be subjected to scrutiny, approval or restraint by the bureaucracy in the exercise of its legislative functions."

The letter addressed to the Assembly Speaker has called for action against the senior officials in accordance with the Rules of Procedure and Conduct of Business and the applicable law governing the privileges of the House.

"I am, therefore, invoking the privilege jurisdiction of this House to ensure that the dignity and constitutional authority of the Legislature are protected,'' he said.

The Speaker of the J&K assembly has termed the letter by senior officials as unprecedented bureaucratic interference in legislative functioning.

On Monday, hours before the Assembly started discussion on the resolution, the Assembly secretariat received an unusual missive from top bureaucrats of J&K asking the Speakers' secretariat not to take up the resolution moved by the Chief Minister. In the letter, both the officials have written that the statehood issue is 'sub-judice' before the Supreme Court and therefore, the resolution should not be admitted by the House.

While the BJP members hailed bureaucrats and their objections against the resolution, members from all other parties, including Congress, National Conference, PDP and Peoples Conference, raised serious concerns over the bureaucratic overreach.

Abdul Rahim Rather, Speaker of the J&K Assembly told NDTV that there is no precedent of such interference in the functioning of the Assembly by the bureaucracy. He said that sending a letter to the Assembly secretariat, that too without the approval of the minister concerned was a clear attempt to undermine the House.

"I don't think there is any such precedent when bureaucrats have written to the Assembly secretariat in an attempt to scuttle the business of the house. The letter has been sent without the approval of the concerned minister," said Rather. 

The Speaker said that the Chief Secretary or the Law Secretary had locus standi to write such a letter to the Assembly Secretariat.

Chief Minister Omar Abdullah, who also holds the portfolio of Law Ministry, told the Assembly that he had no knowledge of the letter sent by his Law Secretary and Chief Secretary before he was informed by the Speaker. He said that writing such a letter to the Assembly Secretariat, asking it not to allow the resolution moved by the Chief Minister himself speaks volumes about how bureaucracy is functioning outside the control of elected government. 

"Speaker sir, I'm the Law Minister and Chief Minister but I have no knowledge of my bureaucracy sending an opinion to you on my resolution. I do not know on whose instructions it was sent," said Abdullah.

Abdullah said after J&K was stripped of its statehood and special status, people in J&K have been "humiliated". He said demanding restoration of statehood is a matter of right, not asking for a charity from the central government.

"It is unthinkable that bureaucracy would send such a letter to the assembly secretariat in any other part of the country. Can this happen in any other State, where the Chief Minister moves a resolution and the State's own bureaucracy acts against it? This can happen only in a Union Territory," Abdullah said.

Sajad Lone, MLA and president of the Peoples Conference dared the government and the speaker to act against the Chief Secretary for undermining the house.

"If you are powerful enough, act against the Chief Secretary who has undermined the House. If you are man enough show power there, not here. Sir (speaker), it's for you as well," said Lone.

Congress MLA Irfan Hafeez Lone also demanded that the matter should be referred to the Privilege Committee of the Assembly. He alleges that the top bureaucrats have committed breach of privilege and contempt of the House.