SAC can initiate suo-moto proceedings into corruption cases involving politicians: J-K High Court

The chairperson and members of the SAC are to be appointed by the Governor on recommendations of the selection committee comprising Chief Minister, Speaker of the Legislative Assembly, Chie Justice of the State High Court, Law Minister and Leader of Opposition in the Legislative Assembly. This high-ranking constitutional body is reposing trust by making recommendations for appointment of these people who have held constitutional posts, the bench pointed out.

“The SAC in the aforesaid position, though created by the statue, is more than a statutory body and in this factual and legal situation, it would be deemed, in law, to possess the power, authority and jurisdiction to initiate suo moto proceedings,’’ the bench observed. In this context, it observed that “the SAC Act 2002 is not an ordinary legislation. It is a legislation which has to accomplish and fulfil the dream of millions of people to have a corruption free society.”

Rejecting the apprehensions of state and private respondents who include former ministers regarding abuse of suo moto powers of the Commission on the basis of anonymous complaints or press reports, the bench held that these cannot be a ground to deny SAC the power of initiating suo moto when its chairperson and members are those who have held constitution posts and in their appointment, confidence has been reposed in them by not less than the Governor who is the highest constitutional authority in the state.

The SAC had filed an appeal against the judgment of the single bench which on January 4, 2013 held its powers to initiate suo moto action on reports of corruption as ultra vires of the Act. The judgment had come in writ petitions filed by some sitting and former ministers to whom SAC had issued notices on anonymous complaints of corruption.