SC: Filing a False FIR Alone does not Amount to Abetment of Suicide  ||  SC: Police Cannot Probe Offences under Pre-Conception & Pre-Natal Diagnostic Techniques Act  ||  SC: UP Gangsters Act Creates no Offence, Perpetuates Violence against Citizens  ||  SC: Caste Abuse in Private Space without Public Presence is not SC/ST Act Offence  ||  SC Reduces Judicial Service Practice Norm to 1 Year; Mandates Training & Clerkship  ||  SC: Wife’s Income does not Reduce Father’s Duty to Maintain Children  ||  SC: Government Cannot Revisit PSC Eligibility Decision When Service Rules Make it Final  ||  Allahabad HC: S.34 IPC Applies if Co-Accused Shares a ‘Functional Relationship’ with Offence  ||  P&H High Court: PSC Cannot Introduce Minimum Interview Marks After Medical Faculty Selection Begins  ||  MP HC: Comprehensive Insurance Doesn't Mean Unlimited Passenger Liability Without Terms    

Suman Lata Bhagat v. State and Ors. - (High Court of Jammu and Kashmir) (01 Feb 2016)

Jammu and Kashmir HC approves suo moto accountability

MANU/JK/0001/2016

Constitution

Jammu and Kashmir High Court ruled the State’s Accountability Commission, a body receiving complaints against public functionaries, capable of beginning investigations and enquiries suo moto. Formed by the Jammu and Kashmir Accountability Commission Act, 2002, the Court found the Commission imbued with a legal position higher than that of a ‘mere' statutory body, rather “resembl[ing] a constitutional authority”. It added, while its function was defined by statute, performance of the same could not be circumscribed by the same. Given the wide remit of the Commission to investigate and enquire into matters incumbent in the upper echelons of government and authority, the Court opined, expecting complaints from ordinary citizens against “powerful people” would be obtuse. Aside from the remit of the Commission, the High Court looked to its constituting members to find freedom in investigation: the Chief Minister, Speaker of the Legislative Assembly, Chief Justice and other senior figures in government and legislature.

Relevant : Viom Networks Limited versus State of J & K, reported in MANU/JK/0008/2012 Jammu and Kashmir Accountability Commission Act, 2002

Tags : ACCOUNTABILITY COMMISSION   SUO MOTO   PROCEEDINGS  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved