Dr Raja Muzaffar Bhat
It is more than 7 years now we have Jammu& Kashmir Right to Information Act (J&K RTI Act 2009) in place in our state. It was on March 20th 2009 when state legislature enacted the present version of RTI law by repealing erstwhile J&K RTI Act 2004 and 2008 , enacted during PDP – Congress coalition Government led by Mufti Mohammad Syed and GhulamNabi Azad respectively. Under J&K RTI Act 2009 there is a provision of constitution of a State Information Commission (SIC) which has a mandate to look into RTI related grievances . The Commission was fully constituted after more than a year of enactment of J&K RTI Act 2009 (Feb 2011). It was Omar Abdullah Government who in consultation with the then Leader of Opposition Mehbooba Mufti appointed G R Sufi an Indian Revenue Service (IRS) officer as first State Chief Information Commissioner (SCIC). After some time two more Information Commissioners (ICs) namely Prof S K Sharma and Mr Nazir Ahmad were also appointed by the selection panel headed by CM . Prof Sharma was the former head of Law Deparment University of Jammu and Nazir Ahmad retired as Chief Engineer in Public Works Department (PWD). In October 2015 Prof Sharma completed his term as Information Commissioner and retired from the post. After five months G R Sufi also retired in March 2016 , thus making the State Information Commission (SIC) almost defunct. From March onwards the Nazir Ahmad has been looking after the affairs of the commission all alone. During this time Government took no steps to reconstitute the commission. Legally the State Information Commission (SIC) had become defunct when Prof Sharma retired in October 2015 because as per the definition of J&K RTI Act 2009 , State Information Commission (SIC) means State Chief Information Commissioner (SCIC) and two Information Commissioners (ICs) and when one of the Information Commissioners had retired the Information Commission ceased to be a commission. But it continued and now the only one Information Commissioner who runs the show at J&K State Information Commission (SIC) is also retiring next month ieNovember 2016. Till date Government has not prepared a new panel of Chief Information Commissioner and two Commissioners , this means State Information Commissioner (SIC) is going to be defunct from November 2016 thus giving a serious blow to RTI Movement or RTI regime in Jammu & Kashmir.
Role of State Information Commission (SIC) ?
State Information Commission (SIC) is constituted under the provisions of J&K RTI Act 2009. This institution is the nerve center for implementation of RTI Act. When Information seekers , individuals , citizens do not get correct information from Government offices or any other Public Authorities, the Information Commission looks into the grievances of such aggrieved people who file appeals and complaints before this commission. The Information Commission has following powers:
* To direct the Public Authority to provide the information
* To make sure information seeker conducts inspection of documents and records if needed
* To take action against the designated Public Information Officers (PIOs) by even penalizing them for wrongdoings like withholding information without any reason.
* Make pro active disclosure of information through official websites
In absence of State Information Commission (SIC) where shall these aggrieved people go ? Who will direct the Government officers , PIO’s to provide information to public if they deny the same ? Who is going to penalize the corrupt and erring officials ?
Govt didn’t cooperate with SIC :
In past State Information Commission (SIC) tried its best to implement and interpret J&K RTI Act 2009, but this Commission faced lot of challenges. It is matter of serious concern that Secretary of State Information Commission (SIC)was prematurely transferred in October last year and till date Government hasn’t found a suitable officer to be posted as Secretary. From 2009 till date not a single Secretary has completed 2 years term in State Information Commission (SIC). Secretaries who are posted in SIC consider it as an unimportant and useless posting. The Government hardly cooperates with functioning of SIC. In August 2012 J&K RTI Rules 2010 were repealed at the behest of the then Chief Secretary MadhavLal who due to his personal ego misled Government about J&K RTI Rules not being at par with Central RTI Rules. Pertinent to mention that MadhavLal was summoned by State Chief Information Commissioner (CIC) G R Sufi in the Commission as Government had failed to adhere to several important provisions of J&K RTI Act 2009. The RTI rules of 2012 curtailed the powers of State Information Commission (SIC). The successive Government’s have prematurely transferred Secretaries of State Information Commission (SIC). The Chief Information Commissioner (CIC) used to be consulted prior to posting or transfer of Secretary or any other staff members of Information Commission , but after the J&K RTI Rules 2010 , the Government now hardly consults the CIC over these issues
Conclusion :
After enactment of RTI Act in J&K there are many success stories wherein people have been benefitted through this legislation. Today ordinary people can question the Government authorities which wasn’t possible earlier. Poor and oppressed people see a sigh of hope from Right to Information Act (RTI). Nazir Ahmad the lone Information Commissioner is retiring soon and Government has no preparedness towards reconstituting the Information Commission. It is urged upon the Government that a panel of distinguished people not necessary that they must be former bureaucrats only should be prepared so that we do not see a defunct Information Commission post November 2016.
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