justice saghir ahmad and public safety Act

Justice syed saghir Ahmad was a fine judge,honest capable and fearless.He was polite and soft spoken.He was transferred from Allahbad high court to j&;k high court as a judge and later on appointed chief justice.

During those days i had the privilege of being Advocate General of the state.Asiya Andrabi had been detained under the provisions of Public Safety Act.The detention had been quashed twice but as usual after release she would be arrested again.It was case related to third detention which was heard by Justice Ahmad.Before announcing the judgment in the court he called me to his chamber.unusually he was not courteous but even rude,although he treated me like his brother.He loved me so much that he would himself cook Biryani for me.

I was surprised to see a different justice saghir,he started,'Mr Advocate general,do u think we are jokers,why don't you lock the courts,twice earlier detention of this lady is quashed,yet she is in jail,i am quashing it again and i want orders implemented,if orders are not implemented i will resign'

From press reports it appears Asiya is again under detention and her detention has been quashed several times ,is there no justice saghir around?

Five questions

Three people close to Home Minister Chief Minister and NC supremo are summoned by home minister to chief Ministers residence.They meet Chief Minister and it is established that one of them had received more then a crore of Rs from the other two.One of them wanted to be a legislator and Minister the other one a legislator.The Money according to deceased was to be paid to Mr Farooq abdullah.
The man who admitted having received money died within 24 hours of his admission before CM in police custody.He was handed over to waiting inspector general of police by CM.

Very trusted personal security officers of CM were transferred same night.
The facts above mentioned by me are based on Chief Minister's statements and i am not purposely referring to various statements made by others.Legally speaking these are admitted facts.these facts raise many questions which have to be answered.
1.Whether the deceased had received money for himself or somebody else.if it was some one else who is he?
2.If a complaint had been made to CM two months before,why did he sleep over the matter?

3.Why did home minister behave like a head constable and chief minister like a sub inspector?
4Under what law CM ordered arrest of deceased?
5.Under what law inspector general crime arrested and detained deceased?
Will the CM,HM OR INSPECTOR GENRAL SHOW THE COURAGE OF ANSWERING THESE QUESTIONS?

COMMISSION OF INQUIRY

There is some confusion about the power of the state govt with regard to appointment of a commission of inquiry under the commission of inquiry Act in legal and political circles.Media has also not been able to clear the confusion.Therefore i though it better to try to clear the confusion on an issue of public importance.
It is true that state govt has power to appoint a commission of inquiry,but when it comes to appointment of a sitting judge,the power is not absolute.There are two restrictions one created by another statue and the second one created by a judgment of supreme court.
There is an Act known as 'THE HIGH COURT JUDGES [SALARIES AND CONDITIONS OF SERVICE ACT]1954.
This Act defines 'ACTUAL SERVICE' of a judge in following terms.'TIME SPENT BY A JUDGE ON DUTY AS A JUDGE OR IN THE PERFORMANCE OF SUCH OTHER FUNCTIONS AS HE MAY DISCHARGE AT THE REQUEST OF PRESIDENT OF INDIA---'
So it is clear if a judge accepts an assignment with out a request from president of India ,it will be in violation of the law.For president to make such a request,she has to be approached through the union council of Ministers which is a requirement under constitution.
The second restriction is place by a judgment of supreme court which says that because of huge pendency and some other reasons sitting judges should not ordonarily be appointed as commission of inquiry.The judgment is reported inFEMN WALTER V/S UNION OF INDIA