Make provisions of JK RTI Act workable: HC to Govt

Greater Kashmir: Jammu: Sunday, 24 August 2014.      

The Jammu and Kashmir High Court on Saturday directed the state government to make various provisions of J&K Right to Information Act (RTI) workable to achieve the very purpose envisaged in   the Act.

A Division Bench Comprising Justice Virender Singh and Justice Janak Raj Kotwal  directed the government to frame fresh rules to make various provisions of J&K Right to Information Act (RTI) workable as envisaged in   the Act.

Hearing a Public Interest Litigation (PIL)  challenging the J&K Right to Information Act (RTI) Rules 2012 and seeking restoration of RTI Rules 2010, the bench observed that the government should have a re-look and accord reconsideration to the repeal of the Rules of 2010.

The bench observed observed that a bare look at Rules 20 to 36 comprised in Chapter VI of the Rules of 2010 and Rule 45 give an impression that the powers given to the Information Commission under these rules in some areas traveled beyond the limits of and purpose envisaged under the Act.

The court concluded that the opinion rendered by Commissioner/Secretary GAD in the ‘memorandum’ submitted to the State Cabinet was not wholly correct opinion. It was not correct to say that all the rules pointed out to the ‘memorandum’ did not have mandate of the Act.

The bench also observed that  it was out of the context and illogical to say that the Rules of 2010 were not modeled on the pattern of Central Information Commission (Regulation of Fee and Cost) Rules, 2005 and Central Information Commission (Appeal Procedure) Rules, 2005.

“We have rather found that majority of the rules comprised in the Rules of 2010 were within the limits of authority conferred under the Act and were indispensable for implementing and supplementing and to carry out the provisions of the Act”  the bench said.

“As to how the State Information Commission constituted under the Act is expected to function after the Government having divested itself even of the power to provide   the Information Commission a working secretariat/Registry, necessary man power and monetary grants and further wonder as to how the ultimate object of setting out the regime of right to information to the people of the State can be achieved if the Commission is not aptly empowered within the ambit of the Act to ensure that directions issued by it are implemented,” the bench said.

The bench however said: “ Excessive empowerment, like power to initiate criminal action may not be required and may amount to excessive delegation of power. This aspect calls for consideration of the Government. Impression discernible from the manner in which  en masse repeal of the Rules of 2010 has been done would indicate that the Government has exercised its important delegated function with less sensitivity and has arbitrarily relied upon the ‘memorandum’ submitted by the Commissioner/secretary GAD, which did not provide wholly correct information/opinion.