*Lone Info Commissioner to complete term in Nov
Mohinder Verma
JAMMU, Sept 2: Creating obstructions in ensuring transparency in the functioning of its various organs, the State Government has not initiated any step to make the Jammu and Kashmir State Information Commission fully functional despite intervention from the High Court. The transparency watchdog remains paralyzed during the past several months due to inordinate delay in filling up of the vacant posts of Chief Information Commissioner and Information Commissioner and the only sitting Information Commissioner is finding it difficult to dispose of the applications under the Right to Information Act in expeditious manner.
The State Information Commission, which played crucial role in bringing transparency in the functioning of various wings of the State Government and contributed a lot in reducing dishonest and corrupt practices, became headless from March 1 this year following completion of term of the then Chief Information Commissioner G R Sufi on February 29.
Following this, enormous word-load came on the shoulders of only one Information Commissioner—Nazir Ahmed as post of second Information Commissioner was already lying vacant since October 31, 2015 when Dr S K Sharma completed his term. Though the sitting Information Commissioner is making all out efforts to ensure timely disposal of applications under Right to Information Act yet the working of this vital Commission has suffered a major jolt in the absence of Chief Information Commissioner and another Information Commissioner.
Keeping this in mind, a Miscellaneous Petition came to be filed in the High Court seeking intervention of highest court of Jammu and Kashmir in filling up of two vacant posts of Information Commission. On July 19, 2016, Division Bench of State High Court comprising First Puisine Judge Justice Ramalingam Sudhakar and Justice B S Walia issued notices to the Chief Secretary and Commissioner Secretaries of General Administration and Law Departments seeking to know the steps initiated by the Government to make the transparency watchdog fully functional to achieve the objective of the Right to Information Act.
“However, till date neither Chief Secretary nor Commissioner Secretaries of the General Administration Department and Law Department have filed any response to the Miscellaneous Petition”, official sources told EXCELSIOR, adding “this clearly indicates that no step has been initiated by the Government to infuse new lease of life in this vital Commission of J&K”.
As per the provisions of J&K Right to Information Act, the Chief Information Commissioner and Information Commissioner shall be appointed by the Governor on the recommendations of a committee consisting of Chief Minister, who shall be Chairperson of the committee, Leader of Opposition in the Legislative Assembly and a Cabinet Minister to be nominated by the Chief Minister as its Members.
“What to talk of convening meeting of selection committee even a panel of persons to be considered for the posts of Chief Information Commissioner and Information Commissioner has not been prepared till date”, sources further said, adding “in the official circles the delay in making appointments to the Information Commission is being attributed to the prevailing unrest in Kashmir valley but what is the harm in formulating panel of probable for the key posts and convening meeting of three persons remain million dollar questions”.
When contacted, a senior Law Officer, on the condition of anonymity, confirmed that no reply has been received from the State Government for filing in the High Court in response to the Miscellaneous Petition seeking filling up of the posts of Chief Information Commissioner and Information Commissioner.
The non-serious approach towards making transparency watchdog fully functional is notwithstanding the fact that Governor N N Vohra, while addressing Regional Conference on Right to Information on February 6 this year, had explicitly stated that Right to Information Act is contributing a lot in reducing dishonest and corrupt practices and not only plays vital role in the direction of having more transparency and prudence in the governance but also helps in strengthening the democracy.
“It was incumbent upon the State Government to initiate the process of the appointment of the CIC and the Information Commissioner prior to the completion of their terms but dilly-dallying approach clearly indicates that there are no intentions to ensure transparency in the functioning of the Government”, sources remarked, adding “the further slackness in this regard will worsen the situation in the coming months as the only sitting Information Commissioner—Nazir Ahmed will complete term in November this year”.
When contacted, Nazir Ahmed said, “no doubt we have even started disposing of the RTI applications by holding video-conferencing with the concerned officers and applicants but it is a fact that functioning of the Commission has suffered a lot for want of CIC and another Information Commissioner”.
In the absence of another Information Commissioner, Nazir Ahmed is being compelled to shuttle between Jammu and Srinagar after regular intervals to ensure disposal of the applications as expeditiously as possible. “I have not heard anything about any step initiated by the Government to make Information Commission fully functional…..it is the prerogative of the Government”, he said in response to a question.
Follow our WhatsApp channel