MUZAFFARABAD: The speaker of the Azad Jammu and Kashmir (AJK) Legislative Assembly, Sardar Ghulam Sadiq, received dual salaries and allowances as an adviser and as a member of the assembly for over 31 months in his previous term, according to documents available with Dawn.
According to legal and constitutional experts, the move is tantamount to criminal breach of trust and misappropriation, and could land Mr Sadiq in trouble if challenged at the appropriate forum, such as the accountability bureau or the election commission.
Mr Sadiq was elected MLA for a second consecutive term in July 2006 from LA-18 Poonch-2 as a PPP nominee.
On Nov 30, 2008, he was appointed adviser to the AJK Council chairman under section 21(8) of the AJK Interim Constitution, which empowers the chairman – the Pakistani prime minister – to appoint an adviser from amongst the six elected council members of 49 MLAs.
Experts term the act a criminal breach of trust, and misappropriation
Mr Sadiq held this position until July 4, 2011, a week after the general elections, which he won for the third consecutive term from the same constituency. The assembly was installed on July 25, and he was elected speaker.
From Nov 30, 2008 to July 4, 2011, Mr Sadiq received a total of Rs5.14 million from the AJK Council as basic salary, sumptuary and utility allowances and house rent. Of this, he paid Rs545,507 in income tax.
Despite being appointed adviser, by virtue of being an MLA, Mr Sadiq did not discontinue claiming the perks and privileges of an MLA.
From Dec 1, 2008 to June 30, 2011, he received around Rs1.83 million from the Legislative Assembly Secretariat as basic salary, house rent, office maintenance, sumptuary and telephone allowances. Of this, Rs111,000 was deducted as income tax.
According to legal expert Raja Mohammad Hanif, Mr Sadiq unlawfully claimed the salary and allowances of an MLA after his appointment as adviser.
“Emoluments of an MLA are included in the emoluments of a minister or adviser… No lawmaker can receive both emoluments simultaneously,” he said.
“Mr Sadiq has deceived both the assembly and the council secretariats to claim dual benefits in an act that amounts to corruption,” he said.
Former Legislative Assembly speaker Abdul Rashid Abbasi said: “It’s an established principle of law that no person can concurrently claim salary and some certain allowances from two offices.”
“Suppose, if public money is advertently credited to the account of a government functionary, he is required to return it to the official kitty. But if someone claims dual benefits knowingly, it amounts to a criminal breach of trust and misappropriation on his parent,” he said.
When asked if any law directly suggests penalties for such acts, Mr Abbasi replied in the negative but added: “If it’s challenged before the election commission, accountability bureau or any other appropriate forum, the culpable person can be declared a convict and thus ineligible to contest elections.”
AJK Additional Advocate General Chaudhry Shoukat Aziz expressed similar views.
“Claiming dual benefits is an offence, and misappropriation. Perks and privileges of one office have to be returned by the beneficiary to avoid punitive action under the law,” he said.
When Mr Sadiq was contacted, he repeatedly professed ignorance of the matter.
“I don’t think any such thing has happened… I am not aware of it, and I am hearing it from you for the first time,” he said.
When he was informed that Dawn possessed documentary evidence, he said: “Let me obtain details. If it’s proven, I will deposit back the additional benefits instantly.” http://www.dawn.com/news/1262464/ajk-speaker-received-dual-salaries-allowances-for-over-31-months
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