Penal consequences for those making unsubstantiated complaints against J-K officials
Lodging an unsupported complaint against a government official in Jammu and Kashmir could now result in penal action. A circular from the Union Territory administration has declared that they will pursue prosecution if an inquiry finds a complaint to be false. The directive states that such measures are necessary to ensure that honest public servants are not unfairly harassed, and the government business is not affected.
Legal framework for prosecution of false complaints
The General Administrative Department's circular, issued to all administrative departments and public servants, suggests action under Section 182 of the Indian Penal Code and Section 195(1)(a) of the CrPC. These sections pertain to false information, with intent to cause a public servant to use his lawful power to the injury of another person and prosecution for contempt of lawful authority, respectively. The IPC section carries a potential jail term of up to six months.
Handling false complaints by public servants
In instances where public servants lodge false complaints, the circular proposes departmental action as an alternative to prosecution. The directive, issued by Commissioner-Secretary General Administration Department Sanjeev Verma, stresses on establishing a robust mechanism for redressal of complaints against public servants. It aims at balancing good governance objectives with adequate safeguards for public servants against unnecessary harassment from false or frivolous complaints.
Guidelines for cases involving publications
The circular also provides guidelines for handling cases involving publications. It recommends reporting the matter to the Press Council of India (PCI) and considering measures like cancellation of accreditation and stoppage of government advertisements. Lieutenant Governor Manoj Sinha said that the number of complaints against officials has gone up and "many a times, these complaints, after verification, have been found devoid of any merit, and disposed of accordingly."
Criticism of the new directive by Panchayat Conference President
The decision has been criticized by many, including journalists, editors, and All Jammu and Kashmir Panchayat Conference president Ani Sharma. The group's president, Anil Sharma, condemned it as an attempt to silence those who challenge corrupt bureaucracies. Sharma appealed for intervention from the lieutenant governor and the central government, questioning how an ordinary citizen from a vulnerable section of society in a remote area could stand against the powerful state and its mechanisms under such circumstances.
