Peerzada Abbas Amin Hassan
Some unprecedented events have occurred surprising every one as having popular government in place in J&K, but still bureaucrats and law officers of the state like Advocate General etc, seems less accountable to present Chief Minister of the state and more oblige to His Excellency the Governor of the state by-passing democratically elected representatives which have cost shadows on the credibility of CM’s Chair also as has been witnessed since last two months continuously the said Advocate General is regularly calling on Governor instead of Chief Minister to brief about the functioning &legal matters of the government.
The recent meeting and working of present advocate general seems more loyal to governor than to present democratically elected dispensation and is in a dictating mode. It has been learnt from the sources that to remain on chair the present advocate General appointed by the Governor during its rule in Feb- March 2016, has succeeded to frame rules for appointment of Advocate Generals / Addl Advocate Generals/ Deputy Advocate Generals/ Standing Councils and prosecuting officers for functioning / assistance in legal matters to the government in order get his elevation and remain on chair. It has remained a history that appointment of legal advisors/ prosecuting officers have remained always a political appointment and every dispensation tried to favour their well wishers and favourites in order to get help in legal matters for implementation of their decisions.
These people at some occasion get help by remaining on these posts for upper positions like Justice Attar, Justice Yaqoob Mir, Justice Magrey etc. even though after getting topmost positions in judiciary these persons always tried their best to help their mentors.
I may add here that Mufti Mohammad Sayeed also appointed a young and energetic person Jehangir Ganai having much experience and standing judgments in his kitty keeping in mind the opportunities available for young like him in future for elevation to add feathers on the hat of the state honour. But it seems some conspiracy is being played to protect this to happen and even sabotage absorption and gaining experience trend in young generations by these oldies like Advocate D C Raina who want to be dictator than a facilitator. More so he has also helped in sabotaging the present government policies and even failed the government in defending the most and sensitive issued like NEET, and Sainik Colony issues in which now centre is trying to bypass the states own High Court and its special status through Supreme Court interventions. Here I would like to add this that some fishy is being smelled on the role of Law Secretary of the state who is trying to left no stone unturned to fail this government and give opportunity to opposition parties to raise against the present dispensation by supporting all the odds to happen inorder to cool his personal grudges against previous Advocate General.
Having recommended those people and supported to some of his associates among most are having less experience and much less in their kitty, he tries to save them with grant of retrospective effect in their favour. More so he is trying to please some of his favourites as they belong to influential persons and even son of judge is being spared to get the benefit by appointment.
If it is believed that Chief Minister Mehbooba may go for following rules set for appointment of government advocates then she too has to keep in mind its effects in future also which may cause hindrance/ hurdles in implementation and wetting up of the decisions taken by her popular government. Some how some people think that it is an attempt to keep pro state people at bay and provide a space to those who are working at the behest of their masters in delhi to erode special status of the state and create trouble and make an atmosphere in the state to destabilize the dispensation.
Some feel that the continuation of present Advocate General Raina is an another attempt to erode the historic routine of having a Kashmiri person on this sensitive post and even make people of the state realise particularly to Kashmir region that they have no place in administrative matters to defend its status.
Most of people are now talking that Mehbooba Mufti too have been cut to size by these people who are being supported by some council of ministers, bureaucrats to make her a mere puppet and obey what is being dictates to her which may put not only her self but the party’s agenda and vision at stake.
No doubt she has to choose best of law officers for assisting and implementation/ defending the government decisions under her able leadership but she has to keep this also in mind that if she accepts to go through the recently framed rules she may lose her well wishers among the legal fraternity and may be the next dispensation may not follow it in order to benefit their favourites that too would raise fingers on her leadership and decisions. Thus keeping all this she has to trust on her team of Law Officers and even appoint her most trusted and deserving persons without having bureaucratic interventions and interference inorder defend state’s pro people policies and keep alive the status of state which has separate laws and regulation than any other state of India like, Article 370 and separate State Subject Laws and Agrarian Reform Act.