Dr Raja Muzaffar Bhat
More than 10 years back when I used to write on the issue of Right to Information Act (RTI), I would describe RTI as a “Toothless Tiger” because J&K State had not enacted a progressive version of RTI Act which could be compared with the RTI Act 2005 enacted by Government of India during that time. We had a weak RTI legislation in-force in J&K State around a decade back , which was better known as J&K RTI Act 2004. Under that RTI law , an aggrieved person could not file an appeal or complaint before an Independent authority like State Information Commission , the reason was that there was no provision of having an Independent State Information Commission (SIC) under that particular Act.
Things changed in 2009 when J&K Government enacted new version of RTI Act in J&K which is still in force- J&K RTI Act 2009. Under the J&K 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 Officer was appointed as J&K’s 1st State Chief Information Commissioner (CIC) and after few months of his appointment two more Information Commissioners were appointed, namely Dr S K Sharma and Nazir Ahmad. Dr S K Sharma was former Professor and Head department of Law Jammu University and Nazir Ahmad was former Chief Engineer in Public Works Department (PWD).
In October 2015 Prof Sharma completed his term as Information Commissioner and retired subsequently from the post. After four months of his retirement G R Sufi also completed his term in Feb 2016 , thus making the State Information Commission (SIC) almost defunct. From March onwards Nazir Ahmad had been looking after the affairs of the commission all alone. During that 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 called a Commission.
The only serving Information Commissioner Nazir Ahmad completed his term of 5 years on November 17 recently , which has now completely orphaned the State Information Commission (SIC).
Why Information Commission ?
State Information Commission (SIC) is constituted under the provisions of J&K RTI Act 2009. Without this institution, RTI cannot be enforced. When Information seekers , individuals , citizens do not get correct information from Government offices or any other Public Authority , 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 ?
Who will direct the Government to implement RTI in letter and spirit ?
Conclusion :
The retirement of lone Information Commissioner Nazir Ahmad has made Right to Information Act (RTI) redundant and now a time has come when I again call RTI a Toothless Tiger that I used to call it 10 years back when we had a weak RTI Law in J&K , that had no provision of Information Commission. Information Commission happens to be the Central Nervous System of RTIAct and without this commission RTI is a lame duck. This pro people legislation has helped people to get justice and transformed our electoral democracy into participatory one. If we fail to strengthen this institution, we will be committing a crime against poor and marginalized people of this state. I would sincerely appeal Chief Minister to take this matter seriously and start the process of appointing State Chief Information Commissioner and two other Information Commissioners. I would suggest new commission to be non Bureaucratic in nature , let the Government give a chance to senior lawyers , journalists or academicians to run the affairs of State Information Commission (SIC) instead of retired IAS officers as J&K RTI Act 2009 nowhere mentions that Information Commissioners have to be retired bureaucrats only…..
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