No focus on suo-moto disclosure of vital details
Mandatory annual report pending during past 3 yrs
Mohinder Verma
JAMMU, Nov 4: Astonishing it may sound but it is a fact that State Information Commission, a transparency watchdog, has failed to provide requisite information about its own functioning to the people besides violating the key provisions of Jammu and Kashmir State Right to Information Act during the past several months.
As per the provisions of the transparency law, the State Information Commission has time and again asked the Public Authorities (Government Departments) to regularly update their respective websites in order to ensure suo-moto disclosure of information to the people vis-a-vis their powers and duties, rules, regulations and records held by them.
However, when it comes to furnishing such information to the public through its own website, the Information Commission is showing slackness, observers told EXCELSIOR, adding “the adage that it is always dark at the foot of the light house suits the present functioning of the State Information Commission”.
They pointed out that judgments delivered by the State Information Commission in various appeals during the past over one month have not been uploaded on its website although this was brought to its notice by RTI activists a number of times.
Similarly, the Commission has failed to regularly update information vis-a-vis monthly disposal of 2nd Appeals and complaints and the last information available on these aspects pertains to the month of August.
What to talk of judgments, 2nd Appeals and complaints even the status of compliance by Public Authorities with Section 4(I)(b) has not been updated since December 31, 2017. The Section 4 of the RTI Act lays down various obligations of the Public Authorities for suo-moto disclosure of information and the steps required to be taken by the Public Authorities in making suo-moto disclosure of information in various forms and manner.
“The inordinate delay in updating the status of compliance with Section 4(I)(b) of the RTI Act conveys that either all the departments are strictly adhering to this provision of the law or the Information Commission is no more interested in obtaining requisite information from the Government Departments on this vital aspect”, observers said.
Moreover, as per the Commission’s website no notification, circular and order has been issued by the transparency and information dissemination watchdog since April 6, 2018. “This conveys that either the Commission has stopped corresponding with the Public Authorities or the website has not been updated since long”, they remarked.
The J&K Right to Information Act also states: The State Information Commission shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of the Act during that year and forward a copy thereof to the Government.
“Each department shall, in relation to the Public Authorities within their jurisdiction, collect and provide such information to the State Information Commission as is required to prepare the report and comply with the requirements concerning the furnishing of that information”, the Act further states.
However, the Information Commission has failed to come up with the annual report during the past three years in blatant violation of the explicit provision of the transparency law. The last annual report was prepared by the SIC for the year 2013-14.
Due to this the Commission, which has been entrusted with the task of ensuring implementation of transparency law in letter and spirit by all the Public Authorities, has itself turned out to be the violator.
It is pertinent to mention here that at present Information Commission is having only one Commissioner while as posts of Chief Information Commis-sioner and one Information Commissioner are lying vacant since long.
The post of Chief Information Commissioner fell vacant soon after the imposition of Governor’s Rule in the State as Khurshid Ahmed Ganai, who was holding the post had to resign to take over as Advisor to the Governor. The post of 2nd Information Commissioner has not been filled since long.
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