Dr Raja Muzaffar Bhat
When budget session of assembly began early last month, I was sure that opposition particularly National Conference and Congress would grill the Government over the issue of defunct State Information Commission (SIC) which is causing a big challenge for implementation of Right to Information Act (RTI) in J&K. The assembly session lasted for more than 2 months , but not a single MLA from Congress or National Conference raised this issue from the floor of the house. In-fact leaders of both NC as well as Congress had been apprised by several Right to Information (RTI) campaigners about the issue , but nobody had the courage to discuss this in assembly or in legislative council. It was NC -Congress coalition Government led by the then Chief Minister Omar Abdullah that enacted J&K RTI Act 2009. Under the provisions of RTI Act 2009 there is a provision of State Information Commission (SIC) which addresses grievances of Information seekers and gives them justice within a specified period. In 2011 G R Sufi an Indian Revenue Service (IRS) officer was appointed as J&K’s 1st State Chief Information Commissioner (CIC) and after few months of his appointment two more persons namely Dr S K Sharma and Nazir Ahmad were appointed as Information Commissioners.
Congress leader against RTI:
Section 8 (1) (i) of J&K RTI Act 2009 says that Information which cannot be denied to the Parliament or State Legislature shall not be denied to a person. This provision is present in Central RTI Act of 2005 as well. It is therefore quite clear that information which an MP or MLA can get from Government, same cannot be denied to the citizen if he or she seeks it under Right to Information Act (RTI). Last year during the assembly session senior Congress leader MLA from Inderwal (Kishtwar) G M Saroori said from the floor of the house that the RTI Act has become a tool for “blackmailing” and added that instead of using it for the welfare of the society and people, it is being used as the tool for blackmailing the officers. He did not quote any specific instances. The Congress leader laid stress for amending the law. During 2014 Lok sabha elections ,when G M Saroori was campaigning for Senior Congress leader Ghulam Nabi Azad, RTI according to Mr Saroori was a tool of empowerment for ordinary people. In his home constituency Inderwal, Saroori addressed two important gatherings, one at Durbeel another at Tagood and during those public meetings Mr Saroori kept highlighting the achievements of UPA and Congress -NC coalition Government in J&K and RTI was his special focus as it was the time to woo voters. During one of the public meetings Ghulam Mohammad Saroori said “By enacting legislations like Public Services Guarantee Act and Right to Information Act not only service delivery of important public services have been made time bound but people have been empowered to question the Government for its omissions & commissions” . On December 22nd 2009 when G M Saroori was PWD Minister of J&K , he addressed a public gathering at Doda after inaugurating Hindwas and Bopa bridges in the district. Saroori during his address had said “RTI Act is a powerful tool to ensure transparency ,besides curbing the menace of corruption in the State”. Similarly on 12th December 2010 during a public durbar at Anantnag Mr Saroori impressed upon the people present in the “durbar” to seek information from the Government departments under RTI as and when required.
Information Commission & its need ?
Under J&K RTI Act 2009 there is a provision for constitution of State Information Commission (SIC) . Without SIC, J&K RTI Act 2009 cannot be enforced as this institution is responsible for delivery of justice to the RTI complainants and appellants . When aggrieved citizens do not get information from Government offices or get misleading information, the State Information Commission (SIC) acts like a court and comes to the rescue of aggrieved. J&K State Information Commission has power to :
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
When Government is not constituting State Information Commission (SIC) Where shall the aggrieved citizens 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 ?
From last several months many corrupt Government officials are denying information under RTI Act , as they are under this impression that they have nobody to question because of defunct Information Commission.
Conclusion :
State Information Commission (SIC) is the Nerve Centre for RTI enforcement and without this commission RTI cannot be implemented . RTI has helped hundreds of people get justice not only outside J&K , but in our state as well. Government is doing injustice with oppressed, weak , poor and marginalized people of this state by not re – constituting the State Information Commission (SIC). Opposition had a big role to play. They could have questioned the Government , but it seems all the MLAs and MLC’s have made up their mind to undermine Right to Information Act (RTI). In our meeting on Jan 23rd , we have been assured by the Chief Minister that State Information Commission (SIC) would be reconstituted and we are waiting to hear some good news. The State Chief Vigilance Commissioner and two other Vigilance Commissioners are completing their term on Feb 28th, and the process for new appointments has already begun. Government has issued a circular asking all the administrative secretaries to propose the names for these appointments. But in case of State Information Commission (SIC) no such activity is seen till date.
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