GreaterKashmir.com:Faheem Aslam:Wednesday , August 17 , 2011.
Commission Without Members Futile: Shah; Key Decisions Hit; 50 Cases Await Penalties.
Srinagar, Aug 16: In the wake of inordinate delay in appointing two commissioners of the State Information Commission (SIC), the coalition government in Jammu and Kashmir has come under sharp criticism of Right to Information activists and top-notch legal experts who believe the government is “machinating” to keep the commission powerless and “render the RTI Act gradually ineffective.”
What is putting a huge question mark over the state government’s commitment to ensure transparency in functioning of the government is its recurring failure to appoint the two commissioners and give rise to the full bench of the State Information Commission. In the past two years or so, some of the cabinet ministers from both Congress and National Conference have assured “prompt appointment” of the two officers for effective implementation of the Right to Information Act the latest one being an assurance from the Minister for Law, Ali Muhammad Sagar, and the Pradesh Congress Committee chief, Prof Saif-ud-Din Soz, that the “commission members would be appointed within days.”
What has brought the coalition government under criticism of the civil society is the accusation that it doesn’t want the RTI to flourish in the state and was hence dallying appointment of the commissioners.
“Jammu and Kashmir took a lead in forming this wonderful legislation in 2004. It was then deemed appropriate to amend the legislation to make it stronger. This was done in 2009 by the present coalition government. But it is sad to observe that the Commission was given the Chief Information Commissioner two years after, in January this year. But again, the Commission is without the commissioners. So this clearly reveals the official inaction which would obviously make us feel that the government is not interested in allowing effective implementation of the legislation,” says a state-based RTI activist, insisting not to be named.
KEY DECISIONS HIT:
According to sources, a number of key decisions in the SIC have been hit, primarily due to absence of full commission, which, according to the law, shall comprise of the Chief Information Commissioner (CIC) and two Information Commissioners.
Official data reveals that at least 50 cases of imposing penalties against the defaulting Public Information Officers are awaiting final call. “The CIC is taking a cautious stand on the issue primarily because it might give rise to certain legal implications in the wake of incomplete commission,” the sources said. “There are some policy decisions to be taken with regard to the central government establishments in J&K wherein it is felt that they have to be taken by the full commission.”
It has been reliably leant that some central government bodies in the state have expressed reluctance in following the J&K RTI Act-2009, though the legislation clearly brings them under its ambit.
DISAPPOINTED: CIC
The Chief Information Commissioner, GR Sufi, clearly feels overburdened. “This time I have to single-handedly conduct the entire business of the SIC and shuttle between Srinagar, Jammu and Leh. I many times made a passionate appeal to the state government to constitute the full commission and fulfill the mandate of the legislature. But sadly, nothing has been done so far,” he told Greater Kashmir.
For the past few months, Sufi has been literally roaming from pillar to post with the plea for appointing two commissioners. He has met Chief Minister Omar Abdullah, shot letters to his office, Governor NN Vohra, Leader of Opposition Mehbooba Mufti and a host of other politicians. But while the response has been ‘positive’, the action has been little.
“The law is picking up in the state. So it becomes mandatory to have the full commission to ensure its effective implementation,” Sufi said.
While it is alleged that “coalition compulsions” have marred the appointment of information commissioners, it is also argued that the delay in having the full commission means hitting the effective RTI implementation.
DECISIONS QUESTIONABLE: ZAFFAR SHAH:
Senior counsel Zaffar Shah argues that there exists no commission in the eyes of law, as on date. “The requirement of the commission under the law is that it must have a chairperson with two more members with him in order to constitute the proper body,” he told Greater Kashmir.
Asked about the fallout of the incomplete commission, Shah said: “The decisions taken by the chairman are questionable before court.”
Interestingly, politicians in the state are only making claims to appoint the two commissioners. The SIC selection panel meet was scheduled last month, but was postponed a day before, allegedly because the Congress raised an objection that its coalition partner had not taken the party on board with regard to the names under consideration.
“When the Central RTI Act was implemented, it took the Government of India very little time to appoint the Chief Information Commissioner and several information commissioners therein,” said another RTI activist, adding, “But in J&K, the Commission is incomplete for the past seven years, which speaks volumes about government’s lack of commitment to transparency and accountability in its functioning.”
What is putting a huge question mark over the state government’s commitment to ensure transparency in functioning of the government is its recurring failure to appoint the two commissioners and give rise to the full bench of the State Information Commission. In the past two years or so, some of the cabinet ministers from both Congress and National Conference have assured “prompt appointment” of the two officers for effective implementation of the Right to Information Act the latest one being an assurance from the Minister for Law, Ali Muhammad Sagar, and the Pradesh Congress Committee chief, Prof Saif-ud-Din Soz, that the “commission members would be appointed within days.”
What has brought the coalition government under criticism of the civil society is the accusation that it doesn’t want the RTI to flourish in the state and was hence dallying appointment of the commissioners.
“Jammu and Kashmir took a lead in forming this wonderful legislation in 2004. It was then deemed appropriate to amend the legislation to make it stronger. This was done in 2009 by the present coalition government. But it is sad to observe that the Commission was given the Chief Information Commissioner two years after, in January this year. But again, the Commission is without the commissioners. So this clearly reveals the official inaction which would obviously make us feel that the government is not interested in allowing effective implementation of the legislation,” says a state-based RTI activist, insisting not to be named.
KEY DECISIONS HIT:
According to sources, a number of key decisions in the SIC have been hit, primarily due to absence of full commission, which, according to the law, shall comprise of the Chief Information Commissioner (CIC) and two Information Commissioners.
Official data reveals that at least 50 cases of imposing penalties against the defaulting Public Information Officers are awaiting final call. “The CIC is taking a cautious stand on the issue primarily because it might give rise to certain legal implications in the wake of incomplete commission,” the sources said. “There are some policy decisions to be taken with regard to the central government establishments in J&K wherein it is felt that they have to be taken by the full commission.”
It has been reliably leant that some central government bodies in the state have expressed reluctance in following the J&K RTI Act-2009, though the legislation clearly brings them under its ambit.
DISAPPOINTED: CIC
The Chief Information Commissioner, GR Sufi, clearly feels overburdened. “This time I have to single-handedly conduct the entire business of the SIC and shuttle between Srinagar, Jammu and Leh. I many times made a passionate appeal to the state government to constitute the full commission and fulfill the mandate of the legislature. But sadly, nothing has been done so far,” he told Greater Kashmir.
For the past few months, Sufi has been literally roaming from pillar to post with the plea for appointing two commissioners. He has met Chief Minister Omar Abdullah, shot letters to his office, Governor NN Vohra, Leader of Opposition Mehbooba Mufti and a host of other politicians. But while the response has been ‘positive’, the action has been little.
“The law is picking up in the state. So it becomes mandatory to have the full commission to ensure its effective implementation,” Sufi said.
While it is alleged that “coalition compulsions” have marred the appointment of information commissioners, it is also argued that the delay in having the full commission means hitting the effective RTI implementation.
DECISIONS QUESTIONABLE: ZAFFAR SHAH:
Senior counsel Zaffar Shah argues that there exists no commission in the eyes of law, as on date. “The requirement of the commission under the law is that it must have a chairperson with two more members with him in order to constitute the proper body,” he told Greater Kashmir.
Asked about the fallout of the incomplete commission, Shah said: “The decisions taken by the chairman are questionable before court.”
Interestingly, politicians in the state are only making claims to appoint the two commissioners. The SIC selection panel meet was scheduled last month, but was postponed a day before, allegedly because the Congress raised an objection that its coalition partner had not taken the party on board with regard to the names under consideration.
“When the Central RTI Act was implemented, it took the Government of India very little time to appoint the Chief Information Commissioner and several information commissioners therein,” said another RTI activist, adding, “But in J&K, the Commission is incomplete for the past seven years, which speaks volumes about government’s lack of commitment to transparency and accountability in its functioning.”
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