Bills to raise judges' salaries adopted
From M.L. Kak
Tribune News Service

JAMMU, March 3 — Amid protests from the Opposition, the state Legislative Assembly today adopted two Bills seeking amendment to the state’s Constitution to allow the government to enhance the monthly salary of the Governor, judges and the Chief Justice of the state high court.

The two Bills had been deferred for further discussion by the Speaker on Monday after two members, Mr G.M. Bawan of the National Conference and Mr Harsh Dev Singh of the Panthers Party, raised objections that the two Bills could neither be moved for consideration nor adopted without the prior approval of the Governor which was mandatory for every money Bill. The Law Minister, Mr P.L. Handoo, had on Monday informed the House that the Bills were meant simply to amend the Constitution and were not money Bills.

When the House met here after zero hour, the Speaker announced that the Bills seeking amendment to the Constitution should be taken up for discussion and invited members to speak on the issue. Mr Harsh Dev Singh of the Panthers Party cited Sections 84, 77 and 79 of the state Constitution in support of his arguments that the two Bills could not be moved and adopted by the House without prior approval of the Governor. He also quoted rules 81 and 69 of the rules of procedure of the House to press for withdrawal of the Bills and said fresh Bills should be tabled. He was again supported by Mr Bawan and Mr Dilawar Mir of the Janata Dal who said since the Bills to amend the Constitution were for the purpose of enhancing the salary of the Governor and the judges of the high court they should be treated as money Bills.

Mr Handoo intervened and wanted to know from Mr Harsh Dev Singh whether there was any difference between a money Bill and a financial Bill. Mr Harsh Dev Singh told him there was none. Mr Prithvi Singh Chand of the BJP said he had no knowledge of law but to him the Bills were not money Bills and as such there was no need for prior approval of the Governor.

Mr Ashok Sharma of the Congress cited Rule 68 of the rules of procedure of the House and some relevant portion of the Constitution in support of his argument that the Governor’s prior approval was needed.

Mr Handoo explained the legal and constitutional position and said that hitherto 25 amendments to the state Constitution had been adopted by the state legislature without prior approval of the Governor. He quoted Article 110 of the Constitution of India, Sections 77 and 30 of the state Constitution and chapter 12 of the state Constitution to inform the House that the two Bills were not money Bills. The purpose of the amendment was to empower the government to enhance the salary of the Governor and the high court judges.

He said Parliament had passed a Bill enhancing the monthly salary of Governors and high court judges last year. Though the Act had not been extended to the state of Jammu and Kashmir the judges of the state high court had already drawn the revised salary.

In reply to a question posed by the Speaker, Mr Abdul Ahad Vakil, Mr Handoo said it was a mistake and the Comptroller and Auditor-General of India would take cognisance of this mistake. In case the Bills to amend the Constitution were not adopted by the Assembly, the judges may have to pay back the additional emoluments they had drawn.

At his juncture, the Speaker adjourned the House for half an hour to allow him to think over the matter. In between the ruling, National Conference members were seen enlisting support of all members for easy passage of the Bill.

When the sitting reopened, the Speaker informed the House he would leave it to the members to decide what should be done with the Bills. He said those members who were in favour of adopting the two Bills should stand on their feet. At this, members belonging to the BJP, the Congress and the Panthers Party staged a walkout amid loud protests.

The two Bills had been tabled in the House in February. The Bills seek to amend the Constitution for enhancing the monthly salary of the Governor from Rs 11,000 to Rs 36,000, of the Chief Justice from Rs 9,000 to Rs 30,000 and of the judges from Rs 8,000 to Rs 26,000.

Earlier, during question hour members cutting across party lines expressed concern over the inordinate delay in the recovery of royalty from the forest lessees. The Forest Minister, Mr Mohd Ramzan, informed the House that forest lessees owed about Rs 24.6 crore as royalty to the government. He said since the forest lessees had gone to the court it was for the court to decide the matter.

He said these arrears were pending since 1983. He said after the nationalisation of forests the entire work of extraction of timber and its transportation was being carried out by the state Forest Corporation.

He said the government had set up a Cabinet sub-committee to decide to what extent the issue of recovery of royalty from the forest lessees could be settled outside the purview of the court.

In reply to a calling attention motion tabled by Mr Said Ali of the National Conference, the Health Minister, Mr Govind Ram, said there was shortage of junior doctors in various hospitals in the state. He said in order to make up for the deficiency the government had appointed 605 doctors on ad hoc basis. More were being appointed through the Public Service Commission. Mr Sadiq Ali informed the House that as a result of shortage of doctors work in outdoor patient departments in different hospitals had been paralysed.

The minister said as a result of migration of doctors from the valley in 1990 and on account of scores of doctors having gone for higher studies the shortage problem had been compounded.

During question hour, several members, including Mr Dilawar Mir of the Janata Dal and Mr Khalid Najeeb Sohrawardhy of the National Conference, expressed concern over the misuse of subsidy given on supply and the transportation of fertilisers. Mr Mir said the agencies concerned were gulping the subsidy on transportation but never supplied fertilisers to remote areas.

Several members wanted the government to lift the ban on export of basmati (paddy). The Minister for Food, Mr Ajay Sadhotra, informed the House there was no ban on export of basmati. He said the government would consider the suggestion for lifting the ban on export of basmati.

2 militants killed, 3 held in valley

SRINAGAR, March 3 (PTI) — Two militants were killed and three others arrested in separate encounters in the Kashmir valley since last evening, official sources said here today.

The security forces gunned down two unidentified militants in an encounter in Anantnag district in south Kashmir, last night, a Defence Ministry spokesman said, adding that large quantities of arms and ammunitions were seized from them.

The forces also smashed militant hideouts at Mohra forest and Chauranda in Baramula and Kowudour forest in Kupwara district of north Kashmir during search operations today, the spokesman said.

He said a large quantity of arms and ammunition, including two AK assault rifles, four pistols, 13 grenades, a remote control device, nine electric detonators, 19 magazines and nearly 900 rounds of ammunition were seized during the operation.

Meanwhile, a Pak-trained militant, Mukhtar Ahmad Khan, alias Noor-ul-Haq, was arrested from the Pattan area of Baramula district last evening, the spokesman said, adding that Khan was the "sector commander" of the banned Hizbul Mujahideen outfit.

The Border Security Force also arrested a self-styled company commander of the same outfit, Imtiyaz Ahmad Kundroo, alias Ali, from his hideout at Rajourikadal in downtown Srinagar last evening and seized RDX explosives and two detonators from him, a police spokesman said.

Abdul Ganu Hajeem was arrested from Srinagar for interrogation, he added.

Army officer opens fire, kills JCO

SRINAGAR, March 3 (PTI) — A security officer was killed and another seriously injured following a shooting incident inside an Army camp in Pulwama district of south Kashmir last night, official sources said here today.

Sources said the incident occurred at Shadimarg Army camp, where an Army officer, Gurdev Singh, opened indiscriminate firing on his colleagues, killing JCO Pretam Singh and seriously injuring sepoy Avtar Singh last night.

The shooter was immediately overpowered by other officers and disarmed before being "arrested", they added.