Greater Kashmir: Srinagar: Saturday, July 07, 2018.
I know that
the post of Advisor to Governor is not a permanent assignment, but at the same
time what Khurshid sahib could not do as CIC can be done now!
When Khurshid
Ahmad Ganai resigned from the post of State Chief Information Commissioner
(CIC) it surprised everybody. Most of the people who keep a close watch on the
political developments in Jammu & Kashmir have a firm belief that Khurshid
Ganai got a better opportunity to serve as Advisor to Governor. I could not
believe he would resign, keeping the fact in mind that he still had more than 2
years in office. When I saw the order of his resignation on a whatsapp group ,
I was very much disturbed. For some time I thought Mr Khurshid Ganai is an
opportunist, but after analyzing the whole issue I was of strong belief that
there is another aspect to his resignation. I have been following Mr Khurshid
Ganai’s orders right from the day he assumed the office of State Chief
Information Commissioner (CIC). As CIC Khurshid sahib issued several circulars
asking Government to adhere to the provisions JK RTI Act 2009. But Government
was never serious and his orders were continuously dishonoured by the
Government as it did in past during G R Sufi’s tenure. From last few months I
had been observing that Khurshid sahib was not feeling comfortable or enjoying
his assignment to the best of his satisfaction. Having been an upright, smart
and intelligent bureaucrat in past Khurshid Ganai’s circulars, notices were
disrespected by the Government. I believe when he got an offer to work as
Advisor to Governor which is in fact a temporary assignment , Khurshid Ahmad
Ganai found this a better opportunity to serve the people of state.
Circulars
issued by CIC
J&K State
Chief Information Commissioner (CIC) is a highly respected position. The CIC is
of the rank and status of Election Commissioner of India / Supreme Court Judge.
This is not the case with CIC’s appointed in other states of India. For the
information of readers other than CIC there is a provision of appointing two
other Information Commissioners (ICs) State Information Commission (SIC). The
ICs hold rank and status equivalent to
State Chief Secretary. The present Information Commissioner Mohammad Ashraf Mir
who retired as Commissioner Secretary to Government Revenue Department is now having
rank and status of a Chief Secretary.
Khurshid
Ahmad Ganai soon after assuming the office of State Chief Information
Commissioner with an aim of ensuring better implementation of RTI law issued a
notice wherein he stressed on voluntary disclosure of information under section
4 of J&K RTI Act 2009.The
notification No: SIC/J/15/2009 -11/148-80 issued on March 17th 2017 reads as :
"Whereas
it has come to the notice of State Information Commission that a large number
of Public Authorities in state have not made suomoto disclosure of information
in terms of section 4 of J&K RTI Act 2009 and have not taken various steps
mentioned therein for the same purpose. Now therefore in exercise of the powers
conferred under section 22 (5) of J&K RTI Act 2009 , J&K State
Information Commission makes recommendations to all such Public Authorities in
the state to take necessary steps so as to confirm all the provisions of
section 4. The State Information Commission also recommends that action /
actions in this regard be taken and completed by or before 30th June 2017 to
achieve such conformity".
Unfortunately this order was not respected
until the deadline ended. Then on CIC’s direction another notice was issued and
the deadline was extended by September 2017 , but the circular was not at all
respected. Even till date section 4 is being violated by most of the Govt
departments. Infact General Administration Department (GAD) did issue notices
to Deputy Commissioners , Directorates and other public authorities under its
control , unfortunately 90 % of these public authorities did not respect GAD’s
notices and circulars as well . Similarly Khurshid sahib issued several
recommendations to the Government like making amendments in J&K RTI Act
2009 and bringing First Appellate Authorities (FAAs) under penalty provisions
but Government was not at all bothered to even go through his recommendations.
CIC also issued notice to Government to undertake awareness programmes in far
off places for people in general and to train its officials as mandated under
section 23 of J&K RTI Act 2009, but this circular also had no takers in the
administration.
When we
noticed Government is not acting on CIC’s orders, notices and circulars, our
organization Jammu & Kashmir RTI Movement sought judicial intervention by
filing a Public Interest Litigation (PIL) before the J&K High court. We
prayed for implementation of section 4
and section 23 of J&K RTI Act 2009 ie to make voluntary disclosure of information
through official websites and to create massive awareness about RTI law.
Conclusion
It was so
shocking that after filing PIL , General Administration Department (GAD) issued
two notices to all the DCs asking them update on implementation of section 4
and 23 , but they hardly forwarded their response until May 15th when the case
was listed. Except the Institute of Management Public Administration &
Rural Development IMPARD no other public authority responded to GADs notice. I
was shocked to notice that from 75 workshops conducted between 2011 to 2014,
IMPA had conducted mere 5 workshops on RTI during recent 3 years. In such a
scenario when field level officers do
not respond to GADs notice , budget on RTI training and awareness is not at all
allocated, CIC’s orders are not respected, what can an upright person do ?
I know that
the post of Advisor to Governor is not a permanent assignment, but at the same
time what Khurshid sahib could not do as CIC can be done now ? If he can ensure only 70 to 80 % implementation of section 4 and section 23
within a few months plus impressing upon Governor Vohra to make changes through
an ordinance in State RTI Act by bringing FAAs also under penalty ambit and
ensuring appointment of CIC’s and ICs within a specific time period, I think
Khurshid sahib will do a great service towards RTI in Jammu & Kashmir.