A day after Advocate General Ajit Kumar attending a workshop organized by the ruling BJP created controversies, he categorically said that it part of his constitutional duty to apprise the citizens, MlAs and supporters of any political party to enlighten them about a law passed by the State legislature and given assent by the President of India.
The workshop was organized for BJP MlAs, MPs, state level office-bearers and district presidents on Friday to acquaint them with the features of the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement (Jharkhand Amendment) Act - 2017 so that they could be well-versed on its benefits and explain to the public accordingly.
The amendment pertains to waiving off social impact assessment (SIA) for land acquisition by the government for 10 specific public purposes, including schools, colleges and universities; hospitals, panchayat bhavans, housing for poor, railway line and electrification.
However, the land would be acquired with the consent of the gram sabha concerned and, in Scheduled Areas, the existing laws under Provisions of the Panchayats (Extension to Scheduled Areas) Act.
“If any political party, social outfit or a law college organizes a training programme which may comprise supporters of various political parties, why can’t I attend and address it,” he counter-argued.
“I have not addressed any political rally. I had been invited there as an expert. So, the Opposition barb against me for addressing the training programme on land laws was all bogus,” he told The Pioneer. “Has my position as Advocate General deprived me of my personal liberty guaranteed under Article 21,” he asked.
“Moreover, there is no such judgement of the Apex Court which restricts me in doing that,” Kumar said and added that he was responsible to all the citizens, MlAs, judicial officers of the State.
“Also, we have not to go by merely the plain reading of the provisions of Article 165 of the Constitution but carry the constitutional spirit behind these provisions. If I address a workshop explaining the benefits of the reservation provisions, am I violating the ConstitutionIJ Certainly not,” Kumar pointed out.
“If a political party wants people to remain in dark about certain provisions of the law passed by the State legislature and given assent by the President of our country, I am duty bound to enlighten them and explain the true benefits of the law,” he said.
Kumar pointed out that as the chief law officer of the State, the AG combines the position of a legal advisor and that of a promoter of law and justice. “And I am promoting the law and justice,” he quipped.
Explaining the issue which has set the Opposition on war path, the Advocate General said that there is a difference between government and private schemes.
“The government has all the data regarding a proposed public scheme, its needs and benefits. Suppose it requires a hospital in Gumla, then it will have data about the occurrence of diseases, number of people affected and availability of medical care facilities in a particular area etc. It has no profiteering purpose. So, if it has relaxed the provision of social impact assessment for a government scheme, there is nothing wrong in it. Rather, it will expedite the completion of public projects,” he pointed out.
The AG pointed out that citizens need to be enlightened that now land donors will immediately get their compensation - four times the current market price of their land. “Availability of amenities of common use will also boost the rural economy,” he added.
“On the other hand, for a private project, one has to study and collect date for making an assessment of loss and gain for the public about it. So, social impact assessment is needed in such cases,” the AG signed off.