DB takes seriously non-implementation of directions, issues notice to CS, GAD Secy

Mohinder Verma
JAMMU, July 16: State High Court has taken seriously the contemptuous attitude maintained by the State Government towards its directions about framing of fresh Rules of Jammu and Kashmir Right to Information Act and issued notice to the Chief Secretary and Commissioner/Secretary of the General Administration Department for explaining the reasons for non-implementing the order during the past nearly one year.
In exercise of its delegated power under Section 24 of the Right to Information Act, the State Government framed Rules called the Jammu and Kashmir Right to Information Rules, 2009, which were notified vide SRO-196 dated July 29, 2009. These Rules, however, were repealed and the State Government came out with the Rules of 2010 notified vide SRO No.199 dated April 29, 2010. Not much later than the Rules of 2010, the Government framed the Rules of 2012 by repealing the Rules of 2010.
The Rules of 2010 were repealed on the ground that the mandate of the Act was exceeded in respect of incorporating provisions relating to establishment of some institutes/wings in the State Information Commission, initiation of criminal proceedings by the Commission while conducting an inquiry, institution of a criminal case against the Public Information Officers, summoning of Public Authorities and preparation of annual reports/performance budget document and performance audit document by the departments and public authorities.
By framing of Rules of 2012 and repealing the Rules of 2010, the Government brought drastic change in the Rule position under the Act and as against 51 Rules comprised in the Rules of 2010, the Rules of 2012 comprise of 13 Rules only.
The repealing of Rules of 2010 and framing of Rules of 2012 was challenged in the High Court by Advocate Babu Ram Manhas, who submitted that Rules of 2010 were repealed arbitrarily, unconstitutionally and without any justification. The contention of the petitioner was that Rules were to be framed in a manner so that they supplement the provisions of the Act but don’t supplant the same.
The Division Bench of State High Court comprising Justice Virender Singh and Justice Janak Raj Kotwal on August 23, 2014 had observed that the opinion on the basis of which the Rules of 2010 were repealed and new Rules of 2012 were framed was not wholly correct.
The DB had held several provisions formulated under the Rules of 2010 essential rather indispensable for carrying out the functioning of the Information Commission, which is the backbone of the entire regime under the Act. It was also held by the DB that State Government, before en masse repeal of the Rules of 2010 without making corresponding provisions under the Rules of 2012 should have pondered over the effect of consequential dismantle of the entire machinery and mechanism of the Commission.
The DB had explicitly directed the State to have a re-look and accord reconsideration to the repeal of the Rules of 2010 and frame fresh rules so as to make various provisions of the Act workable to achieve the very purpose envisaged in enacting of the Act.
However, the State Government preferred to ignore the directions of the High Court instead of implementing the same, which prompted the petitioner to issue legal notices to the Chief Secretary and Secretary General Administration Department. As nobody was interested in empowering the State Information Commission, no response was furnished to these notices.
Even EXCELSIOR in edition dated April 18, 2015 had highlighted in detail the contemptuous attitude of the Government towards High Court’s directions and even mentioned the difficulties being faced by the Information Commission in implementing the RTI Act in its true spirit.
As those at the helm of affairs in the bureaucracy showed no interest in making officials and departments accountable under the RTI Act, a contempt petition was filed in the State High Court few days back by Advocate Babu Ram Manhas.
Taking serious note of the contemptuous attitude of the Government, Division Bench of State High Court comprising Justice D S Thakur and Justice J R Kotwal have issued notices to Chief Secretary and Commissioner Secretary General Administration Department returnable within three weeks.
They have been asked to explain the steps taken to implement the directions of the High Court issued on August 23, 2014. The Registry has been asked to list the contempt petition soon after three weeks.

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