*Says PILs on basis of RTI disclosures yielding positive results
Mohinder Verma
JAMMU, Feb 6: Stating that Right to Information Act is contributing a lot in reducing dishonest and corrupt practices, Governor N N Vohra today said that this law not only plays vital role in the direction of having more transparency and prudence in the governance but also helps in strengthening the democracy.
Mr Vohra was addressing the inaugural function of Regional Conference on Right to Information organized by J&K Institute of Management, Public Administration and Rural Development (IMPARD) in collaboration with Jammu and Kashmir State Information Commission and sponsored by Department of Personnel and Trainings (DoPT), Government of India.
“In a democracy even without a law people have right to know about what the rulers are doing and what are they up to in terms of system, politics and expenditure and the rulers, by following the morality, are required to keep people abreast with their functioning. However, the Right to Information Act is playing important role in replacing culture of secrecy with openness, transparency and participation”, he said.
“Despite the initial difficulties, the RTI Act has taken deep roots in the country and even in Jammu and Kashmir it has started yielding positive results”, he further said, adding “this transparency law has been strengthened through various Supreme Court rulings lending it a constitutional status and this has further strengthened and made possible the success of steps taken for ensuring transparency and accountability in the working of public authorities”.
Stating that transparency law is contributing a lot in reducing dishonest and corrupt practices, Mr Vohra said that it has been seen over a period of time that this Act is playing crucial role in the direction of having more prudence in the governance and also in the direction of strengthening democracy, adding “the democracy is rooted in sound moral, ethical principles and values and if values start eroding the democracy also falters and fails”.
“It is a matter of satisfaction that over a period of time the Government machinery has started becoming used to this transparency law, which was earlier being viewed as tool of harassment”, the Government said, adding “now, the official machinery has accepted furnishing information under RTI Act as their legal obligation”.
He further said, “it is a positive development that lawyers/advocates are also making use of RTI Act to file Public Interest Litigations to see that somebody who has not been brought to book in normal course is dealt with under law. And this approach of the lawyers is yielding positive results and helping in overall improvement in the administrative system”.
He, however, observed that a good deal of work is still required to be done for ensuring that this statute is put to meaningful use to promote transparency and accountability and visibly reducing corruption.
The Governor said that he had the opportunity of closely observing the evolution of the acceptance of this law in J&K, adding “with the effective functioning of the RTI Act considerable improvement shall need to be brought about in the maintenance of records in the public offices and to replace the traditional secrecy with openness and transparency except in matters which need to remain undisclosed in the national interest”, adding “it is because of non-maintenance of the record in proper way that information is denied even on the filing of the RTI application”.
Laying stress on voluntary disclosure of information and regular updating of websites of the Government departments, Mr Vohra observed, “we may see considerable reduction in the number of RTI applications which are being received by the public authorities if Section 4 of RTI Act is implemented and the public authorities suo moto disclose information by putting up the same on their websites”.
Later, while speaking on the topic “Accountability of Public Functionaries and Effect of RTI”, Member of Jammu and Kashmir State Accountability Commission, Justice J P Singh observed, “there is no will in Jammu and Kashmir in fight against corruption”, adding “there are numerous laws in this State but serious attempt was never made to plug the loopholes in them as a result of which they are not making any remarkable change”.
In this regard, he referred to Prevention of Corruption Act, which according to Justice J P Singh, has numerous loopholes and corrupt functionaries are making advantage of the same to go scot free even after indulging in corrupt practices.
Stating that morality and ethics have become concept of history in J&K, he regretted, “there are no efforts towards character building and unless society is sensitized and change is brought about in our education system by introducing moral education improvement is not possible”.
He was also critical about constitution of State Vigilance Commission by curtailing the powers of the State Accountability Commission and remarked that SVC has become yet another forum for ensuring delay in disposal of cases and shielding the involved Government functionaries.
“It is a matter of serious concern that there is no authority or Commission in J&K for redressal of complaints against inaction, refusal and bias. Moreover, there is no provision in the laws governing the functioning of existing Commissions to look after these aspects and provide justice to the people”, the Member of Accountability Commission said.
Referring to the Accountability Commission, Justice J P Singh said, “there are three former Judges of the High Court/Supreme Court but unfortunately only one stenographer has been provided by the Government, which indicates the seriousness towards strengthening the bodies which have the mandate to ensure transparent and accountable governance”.
“Even the Act whereby Accountability Commission was created, was belittled from time to time and its wings were clipped despite the fact that SAC was created on the pattern of Karnataka Lokayukta, which even have the power to get FIRs registered against senior public functionaries and recommend their removal”.
Though suo-moto powers enjoyed by the Accountability Commission have been upheld by the Division Bench of State High Court, the functioning of Commission continues to be impeded due to non-availability of adequate staff, he further said and hoped that Governor, who is presently ruling the State, will initiate necessary steps in this regard.
Earlier, Wajahat Habibullah, former Central Chief Information Commissioner spoke on “Evolution of Transparency and RTI Legislation in J&K”. “This transparency law ensures openness of any Government as such it should not be taken as a tool to obstruct Government or interfere in its functioning”, he said.
Stating that this transparency law has grounded the whole concept of freedom and Swaraj, he said, “democracy requires accountability and accountability requires transparency”. “This law makes people within the Government to realize the mistakes and rectify the same”, he added.
Referring to Supreme Court judgments, which have given constitutional pedestal to the RTI, he said, “it is the duty of the Government to make available information to the people. If the departments disclose information voluntary there is no requirement of seeking information through this Act”.
In his welcome address, the Chief Information Commissioner of J&K, G R Sufi spoke about functioning of the Commission and lauded Governor N N Vohra for playing positive role in strengthening institutions of transparency and other vital importance.
“Governor’s consistent endeavor was to ensure that Information Commission functions smoothly and he is one of the few Governors in the entire Union of India who has implemented the RTI Act in the Raj Bhawan”, Mr Sufi further said.
Bhim Sen, CIC of Himachal Pradesh; Nazir Ahmed, State Information Commissioner, J&K; B.R. Sharma, Chief Secretary; Dr Arun Kumar, DG IMPA &RD J&K, Chief Vigilance Commissioner J&K, Kuldeep Khoda, former Vigilance Commissioner, Dr Ashok Bhan and Senior Advocate J&K High Court, Sheikh Shakeel Ahmad were among those who attended the Regional Conference.
Prof Sunita Zalpuri, Faculty of Social Sciences, IMPA &RD, Jammu briefed the participants about the agenda of the conference while Dr Jahan Ara Jabeen, Associate Professor, IMPA &RD, Srinagar presented a vote of thanks on the occasion.
Follow our WhatsApp channel
