Information Commission fails to implement RTI Act

The train of unique or sui-generis incidents in the administrative set up of Jammu and Kashmir passes right in front of the people bewildering them. A glaring instance would clarify the point further which pertains to State Information Commission, the organisation which exists as watchdog of transparency and smooth sailing of things in the administration is found wanting in having furnished the requisite information about its own functioning to the people. We are, in this context , led to quote MirzaGalib who says, “Hum vahanhainjahan say ham kobhi, Kutch hamari Khabarnahinaate”. Looking increasingly ludicrous as it is,that an institution like State Information Commission should afford to violate the key provisions of Jammu and Kashmir State Right to Information Act for the past several months which otherwise it is committed to protect , preserve and guard.
How much embarrassing it would otherwise look to the Commission that they ask public authorities , say Government Departments to honour and implement the provisions of the transparency law and for that purpose keep their windows open to facilitate aggrieved people or otherwise information seekers to ensure suo-motu disclosure of information but themselves do not implement the requisite provisions . In other words, they insist the State Departments and allied agencies that respective websites be regularly updated buttheir own website is not functional exactly in the proverbial sense of the foot of the light house remainingalways dark. Their website is replete with slackness in being updated in respect of judgments delivered by the Commission in various appeals during the past over one month . The same has been brought to its notice by RTI activists many a time.Information in respect of powers, duties, rules, regulations, records, expenditures etc are sought from other departments by a Commission which in itself is not adhering to the rules about the same.
Not only this, the Commission has failed in uploading on its websiteinformation in respect of monthly disposal of 2nd appeals and complaints and even the status of compliance by Public Authorities as regards section 4(1)(b) has not been updated since December 31, 2017 which by all means, it should have provided. Furnishing of information is mandated to be provided by the Commission on the pattern of the Central Information Act 2005 as many hopes and aspirations were tagged with the formation of the SIC in Jammu and Kashmir way back in 2004 in the sense that transparency would no longer be treated just as a concept but making it practically implemented.
The inordinate delay in keeping information available on the Commission’s portal and updating the same in compliance with sections 4(1) (b) of the RTI conveys that everythingwas fine in the sense that all the departments were strictly adhering to the provisions of the law. It could, on the obverse mean that the Information Commission was no more interested in obtaining the requisite information from the Government Departments on such an important critical aspect. This ambiguity was not only baffling the information seekers under the RTI Act but casting aspersions on the SIC in respect of how much importance was given to transparency.
Is the Commission preparing the annual report on the status of implementation of the provisions of the J&K Right to Information Act at the end of the each year which itis mandated to submit to the Government? It is unbelievable that the Commission has failed to prepare or come up with the said report during the past three years in a row. The last report was prepared by it for the year 2013-14 and thus Transparency Law has been shown scant respect. The Commission is having only one Commissioner at present as the post of Chief Information Commissioner fell vacant soon after the imposition of the Governor’s rule. The SIC needs to be tuned urgently before it is in a position to tune those who have to submit information to it under the RTI Act.

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