Excelsior Correspondent
Srinagar, Dec 11: The High Court today issued notice to J&K Government and sought response over the plea seeking fate of pending applications and appeals before the erstwhile State Information Commission (SIC).
The Division Bench of Justice Ali Mohammad Magrey and Justice D S Thakur after hearing two of the petitioners issued notice to Chief Secretary of J&K UT in order to file his response to the plea by next date. The notice, however, on behalf of the CS has been waived by J&K counsel B A Dar (Sr. AAG).
The petitioners in the PIL are seeking direction on UT Government of J&K to notify a decision on the applications and appeals that were either pending or were to be filed with the First Appellate Authority of the erstwhile State Information Commission.
“Decide as to whether the Central Information Commission (CIC) is to observe the 60 days and 120 days time limit to dispose of the cases as was applicable with erstwhile SIC, if the case are transferred to CIC. This would ensure a speedy disposal of cases already delayed due to repeal of J&K RTI Act, 2009”, read the prayer.
It was noted that the Right to Information Act (RTI) 2009 was repealed following the enforcement of J&K Reorganization Act,2019, leaving the fate of all the applications pending before the erstwhile SIC undecided.
It has been pleaded before the court that the UT Government has not taken any decision whether the pending RTI applications would be transferred to the CIC or any other authority, thereby creating uncertainty among the applicants.
The petitioners further stated that the repealing of the RTI Act has put fate of hundreds of pending RTI applications of citizens in oblivion thereby suspending their fundamental right to obtain information from the public authorities.
Court has been informed that the RTI applications submitted before the erstwhile SIC did not recognize CIC as an appellate authority, even if CIC is to replace the SIC and this change has not been notified by the Government to the public which has created uncertainty among the applicants whose application were pending before the SIC as such has kept the fundamental right to information of hundreds of applicants under suspension.
They sought that the Government should take a decision within shortest possible time so that the RTI of citizens is not suspended due to further delay. It has been submitted before the court that it has been over 40 days after the Reorganization Act came into being, the fundamental right of the information has been suspended in the UT since the repeal of the RTI Act and subsequent abolition of SIC but the Government has not come up with any redressal or relief.
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