Daily Excelsior: Jammu: Sunday,
October 23, 2016.
In a major
set-back to the transparency regime in Jammu and Kashmir, the functioning of
State Information Commission (SIC) is all set to come to a grinding halt as the
only sitting Information Commissioner is going to complete his term by middle
of next month but the PDP-BJP Coalition Govern-ment has yet not even framed the
panel of probables for the posts of Chief Information Commissioner and two Infor-mation
Commissioners.
The State Information Commission, which is
generally considered as transparency watchdog, was established under the
provisions of Jammu and Kashmir Right to Information Act in the month of
February 2011. Though this vital Commission was divested of several powers by
way of amendments in the RTI Act yet the first ever Chief Information
Commissioner and two Information Commissioners of J&K left no stone
unturned to make various organs of the Government accountable for disclosure of
information under this landmark legislation.
In this way, transparency regime was
established up to the satisfaction of the people of the State. However, the RTI
regime received first big blow when one of the Information Commissi-oners Dr S
K Sharma completed his term on October 31, 2015 but the Government failed to
fill up this post soon after his retirement. Astonishingly, this post is still
lying vacant even after the lapse of nearly one year.
The State Information Commission received
second jolt when Chief Information Commissioner (CIC) G R Sufi completed his
term on February 29 this year but the Government failed to make any arrangement
in advance for filling up the post of CIC. Shockingly, the post is yet to be
filled by the Govern-ment, which otherwise is making tall claims about ensuring
transparency in its functioning.
“Now, this vital Commi-ssion will receive
third and final blow in the middle of next month when the only sitting
Information Commiss-ioner Nazir Ahmed will complete his term”, official sources
told EXCELSIOR, adding “though in the absence of Chief Information
Commiss-ioner and another Information Commissioner, Nazir Ahmed was trying his
level best to dispose of the applications under Right to Information Act yet
following completion of his term there will be nobody in the Commission to
implement this important legislation and that will act as major setback to the
transparency regime in Jammu and Kashmir”.
Stating that tall claims of the Government on
ensuring transparency in its functioning stand exposed, sources said, “had
there been any sort of seriousness in this regard the Government would have
made selections for the posts of Chief Information Commissioner and Information
Commissioners well in advance”, adding “the most astonishing aspect is that
General Administration Depart-ment has yet not been asked to frame a panel of
probables for these posts”.
When contacted, a senior officer in the
General Admi-nistration Department, confirmed, “no instruction has been
received for preparation of panel of probables for the posts of CIC and ICs so
far”, adding “as the Civil Secretariat is going to close in Srinagar within
next few days, I think the process will be initiated only after opening of
Darbar at Jammu on November 7”.
By maintaining blind eye towards vacant posts
of Chief Information Commissioner and Information Commissioner during the past
several months, the Government has clearly sent a message that it doesn’t want
to ensure transparency in the functioning of its different organs, which
otherwise were compelled to consider divulging of vital information under Right
to Information Act as important part of their duty.
“The intensity of non-seriousness towards
transparency watchdog doesn’t end on this aspect as Government has also failed
to provide Secretary to State Information Commission during the past nearly one
year and the charge of this important post is being held by an another officer
on temporary basis”, sources said, adding “this is notwithstanding the fact
that Secretary has to exercise all the administrative powers of the
Commission”.
They further said, “what to talk of initiating
timely steps to fill up the posts of the Information Commission on its own the
Government has maintained indifferent attitude even after the directions from
the State High Court about prompt filling up of the posts”.
As per the provisions of J&K Right to
Information Act, the Chief Information Commissioner and Information
Commissioner shall be appointed by the Governor on the recommendations of a
committee consisting of Chief Minister, who shall be Chairperson of the
committee, Leader of Opposition in the Legislative Assembly and a Cabinet
Minister to be nominated by the Chief Minister as its Members.
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