PDP plans privilege motion over J&K officers’ advice on resolution

The Peoples Democratic Party has proposed a Motion of Privilege against Jammu and Kashmir Chief Secretary Atal Dulloo and Law Secretary Achal Sethi over their role in questioning the contents and language of a Statehood resolution passed by the Assembly. PDP legislator Waheed-ur-Rehman Para announced the proposed motion in a letter to Speaker Abdul Rahim Rather. He said the conduct of the two officials raised concerns about the authority and privileges of the elected legislature.

The resolution was adopted by the Assembly on Monday. During debate, Chief Minister Omar Abdullah referred to what he described as severe bureaucratic overreach and said the Speaker had received opinions from the chief secretary and law secretary about the resolution without his knowledge. Para said government officers were entitled to provide administrative or legal advice within their duties.

However, he argued that such advice should not be used to question, restrict or intrude upon the legislature’s authority. He said the proposed motion was intended to protect the dignity and constitutional position of the House. Congress legislator Irfan Hafeez Lone also raised the issue, saying the Speaker, under the rules, was responsible for deciding whether a resolution was admissible.

He questioned how a public servant could send an opinion to the Speaker and called the development disturbing. Jammu and Kashmir Peoples Conference legislator Sajad Gani Lone likewise objected to the communications sent by the officials. He called on the government to take action against whoever had undermined the House.

The dispute centres on the boundary between administrative or legal advice from senior officials and the Assembly’s authority to initiate, debate, amend and adopt resolutions. The supplied report did not state whether the Speaker had accepted the proposed privilege motion or what action would follow.