Kashmir Observer: Srinagar: Tuesday, 14 June 2022.
WHILE addressing the 14th special general body meeting of National Federation of Information Commissions of India (NFICI) in New Delhi recently, the Union Minister of State in Prime Minister’s Office (PMO) Dr Jitendra Singh said that post abrogation of article 370 even non-domicile and non-state subjects of Jammu & Kashmir were entitled to file applications under Right to Information Act (RTI) to seek information from public authorities in J&K. Dr Singh who is also the minister in-charge Department of Personnel and Trainings (DoPT) which looks after RTI related issues said:
“Consequent to the passing of J&K Reorganisation Act 2019, the J&K Right to Information Act 2009 and the Rules there under have since been repealed and the Central Right to Information Act 2005 and the Rules there under were enforced from October 31, 2019. As a consequence to this, the difference now is that, unlike in the past, even a non-domicile or a non-state subject of Jammu & Kashmir is entitled to file RTI related to UT issues or agencies.”
The Union Minister lauded the Central Information Commission (CIC) for achieving consistent decline in pendency with corresponding rise in disposal of the Right to Information (RTI) appeals. He said that he was pleased to note that the pendency reduced from about 40,000 cases last year to around 27,000 cases at present, while the disposal of cases increased from 17017 in 2020-21 to 28901 in 2021-22.
Dr Jitendra Sing further said that ever since the Modi Government came to power in 2014, transparency, accountability and citizen-centricity became the hallmark of the governance model.
Ground Situation
When Article 370 was read down, the Jammu & Kashmir RTI Act 2009 got repealed along with dozens of central laws. Instead, the RTI Act 2005 (central law) was extended to J&K with effect from Oct 31st 2019.
Under this act, there is a provision of setting up of State Information Commissions (SIC) in states where RTI related appeals and complaints are heard. J&K also had the State Information Commission (JKSIC) constituted under the erstwhile act. The said commission was closed after the abrogation and since then we have no information commission in place in J&K. This is the biggest lacuna of the extension of RTI Act 2005 in J&K.
The PIOs are taking undue advantage of the closure of the JKSIC and treat the right to information very casually, for they know they will not be taken to task.
For almost 3 years, government officials have been non-responsive and this is especially true of requests made under the RTI Act, 2005. The government has also failed to undertake sensitisation workshops for designated Public Information Officers (PIOs) or First Appellate Authorities (FAAs). These officers were familiar with the state RTI Act of 2009 but not with the 2005 RTI Act which has now been applied to Jammu and Kashmir.
PIOs are taking undue advantage of the closure of the JKSIC and treat the right to information very casually, for they know they will not be taken to task.
The PIOs in the Deputy Commissioner’s office at Budgam, the Jammu and Kashmir Services Selection Board, the Rural Development and Panchayati Raj Department of the Jammu and Kashmir government, the Block Development Offices, the Jammu and Kashmir Housing Board at Srinagar, the Pradhan Mantri Gramin Sadak Yojana (PMGSY) Kashmir, and many other government offices are ignoring RTI applications, nor are officials making the voluntary disclosures of information that are mandated by section 4(1)(b) of the RTI Act, 2005. In all these offices I have personally filed the applications under RTI and didn’t get a response within the stipulated time of 30 days. It took me 6 months to year to get the information that too after I had filed appeal before Central Information Commission (CIC)
Appeals before CIC
The aggrieved people would file 2nd appeal before the erstwhile State Information Commission (JKSIC) if the information was denied by a PIO or the First Appellate Authority (FAA) would not do justice with RTI applicants. The said commission would dispose of the appeal in 60 to 120 days only, as there was legal provision in the repealed J&K RTI Act 2009. This lacuna was found in RTI Act 2005 and drafting committee of J&K RTI Act 2009 had taken this thing into consideration.
Infact, former Central Chief Information Commissioner Wajahat Habibullah had voiced for these insertions in J&K Law and suggested the same to J&K Govt when the RTI bill was being drafted. Moreover, Jammu & Kashmir RTI Movement was fully involved in that process.
There is no such provision binding the CIC or the SICs in other states (under RTI Act, 2005). It is on this count that the now-repealed 2009 Act was considered a more progressive law than the Jammu and Kashmir RTI Act, 2009.How can people living in remote areas of Jammu, Kashmir, or Ladakh approach the CIC in the Capital? Only educated and empowered people approach the CIC now, whereas in the past even illiterate folk would approach the JKSIC.
I had personally filed 3 appeals in Central Information Commission (CIC) New Delhi in December 2020 and they were listed for hearing after 13 to 14 months.
To make people wait for a year or more to get information about, say, beneficiaries under the Pradhan Mantri Awas Yojana (PMAY), MG-NREGS works, or lavatories constructed under the Swachh Bharat Mission (SBM) is unjustified. How can aggrieved people be made to wait for 1 ½ years to get information related to selection by JKSSB or JKPSC?
Since the last 2 years, I haven’t heard a single case wherein the Central Information Commission (CIC) has slapped a penalty on erring Govt officers from J&K UT? This was not the case in the past as J&K State Information Commission was tough on Govt officials denying information to citizens.
Former Chief Information Commissioners G R Sufi or Khurshid Ganai were people of great stature who tried their best to deliver and gave some landmark judgments like bringing J&K Bank under RTI ambit or taking JKPSC to task by allowing RTI applicants to check their answer scripts. All that is history now ?
PMs Ujjwala scam & LGs intervention
It took months for the PIO of Lt Governor’s office to dispose of an RTI application of Mushtaq Ahmad Lone R/O Batwodder Surasyar District Budgam. Mushaq wanted action taken by LG’s office on the announcement made by Shri Manoj Sinha Hon’ble LG regarding investigating the PM’s Ujjwala scam in Budgam. The Lt Governor during his Awam ki Awaz programme last November had assured Mushtaq that action would be taken against erring gas agencies who had looted people by taking money from them for free gas connections as Mushtaq brought the matter into his notice.
When no action was taken for 3 months, Mushtaq had to file an RTI in the Lt Governor’s Office (Raj Bhavan). It took months to get the application disposed. The officers were in fact very cooperative later on when they came to know the reply had not been provided on time. Some months back, the LG’s office shot letters to the Government for taking action against erring gas agencies but till date no action has been taken to recover the looted money. The gas agencies were penalised with only Rs 79,000 and Rs 29,000. This is the case when the highest authority of the state is asking for a probe and action. One can only imagine what the condition might be in other Government offices.
At a time when the residents of Jammu & Kashmir are denied information under RTI on basic issues like Bijli, Pani or Sadak, how can we expect non J&K residents to get information by filing applications through speed post?
Technically, non-residents and even local residents should have been given the facility to file online RTI applications. Nobody is taking up these issues. Is merely giving the benefits of filing an RTI application enough? The public authorities must also respond with a reply which isn’t happening in J&K since central law became applicable here. Dr Jitendra Singh must stress on ensuring applications under RTI Act are disposed off as well.
WHILE addressing the 14th special general body meeting of National Federation of Information Commissions of India (NFICI) in New Delhi recently, the Union Minister of State in Prime Minister’s Office (PMO) Dr Jitendra Singh said that post abrogation of article 370 even non-domicile and non-state subjects of Jammu & Kashmir were entitled to file applications under Right to Information Act (RTI) to seek information from public authorities in J&K. Dr Singh who is also the minister in-charge Department of Personnel and Trainings (DoPT) which looks after RTI related issues said:
“Consequent to the passing of J&K Reorganisation Act 2019, the J&K Right to Information Act 2009 and the Rules there under have since been repealed and the Central Right to Information Act 2005 and the Rules there under were enforced from October 31, 2019. As a consequence to this, the difference now is that, unlike in the past, even a non-domicile or a non-state subject of Jammu & Kashmir is entitled to file RTI related to UT issues or agencies.”
The Union Minister lauded the Central Information Commission (CIC) for achieving consistent decline in pendency with corresponding rise in disposal of the Right to Information (RTI) appeals. He said that he was pleased to note that the pendency reduced from about 40,000 cases last year to around 27,000 cases at present, while the disposal of cases increased from 17017 in 2020-21 to 28901 in 2021-22.
Dr Jitendra Sing further said that ever since the Modi Government came to power in 2014, transparency, accountability and citizen-centricity became the hallmark of the governance model.
Ground Situation
When Article 370 was read down, the Jammu & Kashmir RTI Act 2009 got repealed along with dozens of central laws. Instead, the RTI Act 2005 (central law) was extended to J&K with effect from Oct 31st 2019.
Under this act, there is a provision of setting up of State Information Commissions (SIC) in states where RTI related appeals and complaints are heard. J&K also had the State Information Commission (JKSIC) constituted under the erstwhile act. The said commission was closed after the abrogation and since then we have no information commission in place in J&K. This is the biggest lacuna of the extension of RTI Act 2005 in J&K.
The PIOs are taking undue advantage of the closure of the JKSIC and treat the right to information very casually, for they know they will not be taken to task.
For almost 3 years, government officials have been non-responsive and this is especially true of requests made under the RTI Act, 2005. The government has also failed to undertake sensitisation workshops for designated Public Information Officers (PIOs) or First Appellate Authorities (FAAs). These officers were familiar with the state RTI Act of 2009 but not with the 2005 RTI Act which has now been applied to Jammu and Kashmir.
PIOs are taking undue advantage of the closure of the JKSIC and treat the right to information very casually, for they know they will not be taken to task.
The PIOs in the Deputy Commissioner’s office at Budgam, the Jammu and Kashmir Services Selection Board, the Rural Development and Panchayati Raj Department of the Jammu and Kashmir government, the Block Development Offices, the Jammu and Kashmir Housing Board at Srinagar, the Pradhan Mantri Gramin Sadak Yojana (PMGSY) Kashmir, and many other government offices are ignoring RTI applications, nor are officials making the voluntary disclosures of information that are mandated by section 4(1)(b) of the RTI Act, 2005. In all these offices I have personally filed the applications under RTI and didn’t get a response within the stipulated time of 30 days. It took me 6 months to year to get the information that too after I had filed appeal before Central Information Commission (CIC)
Appeals before CIC
The aggrieved people would file 2nd appeal before the erstwhile State Information Commission (JKSIC) if the information was denied by a PIO or the First Appellate Authority (FAA) would not do justice with RTI applicants. The said commission would dispose of the appeal in 60 to 120 days only, as there was legal provision in the repealed J&K RTI Act 2009. This lacuna was found in RTI Act 2005 and drafting committee of J&K RTI Act 2009 had taken this thing into consideration.
Infact, former Central Chief Information Commissioner Wajahat Habibullah had voiced for these insertions in J&K Law and suggested the same to J&K Govt when the RTI bill was being drafted. Moreover, Jammu & Kashmir RTI Movement was fully involved in that process.
There is no such provision binding the CIC or the SICs in other states (under RTI Act, 2005). It is on this count that the now-repealed 2009 Act was considered a more progressive law than the Jammu and Kashmir RTI Act, 2009.How can people living in remote areas of Jammu, Kashmir, or Ladakh approach the CIC in the Capital? Only educated and empowered people approach the CIC now, whereas in the past even illiterate folk would approach the JKSIC.
I had personally filed 3 appeals in Central Information Commission (CIC) New Delhi in December 2020 and they were listed for hearing after 13 to 14 months.
To make people wait for a year or more to get information about, say, beneficiaries under the Pradhan Mantri Awas Yojana (PMAY), MG-NREGS works, or lavatories constructed under the Swachh Bharat Mission (SBM) is unjustified. How can aggrieved people be made to wait for 1 ½ years to get information related to selection by JKSSB or JKPSC?
Since the last 2 years, I haven’t heard a single case wherein the Central Information Commission (CIC) has slapped a penalty on erring Govt officers from J&K UT? This was not the case in the past as J&K State Information Commission was tough on Govt officials denying information to citizens.
Former Chief Information Commissioners G R Sufi or Khurshid Ganai were people of great stature who tried their best to deliver and gave some landmark judgments like bringing J&K Bank under RTI ambit or taking JKPSC to task by allowing RTI applicants to check their answer scripts. All that is history now ?
PMs Ujjwala scam & LGs intervention
It took months for the PIO of Lt Governor’s office to dispose of an RTI application of Mushtaq Ahmad Lone R/O Batwodder Surasyar District Budgam. Mushaq wanted action taken by LG’s office on the announcement made by Shri Manoj Sinha Hon’ble LG regarding investigating the PM’s Ujjwala scam in Budgam. The Lt Governor during his Awam ki Awaz programme last November had assured Mushtaq that action would be taken against erring gas agencies who had looted people by taking money from them for free gas connections as Mushtaq brought the matter into his notice.
When no action was taken for 3 months, Mushtaq had to file an RTI in the Lt Governor’s Office (Raj Bhavan). It took months to get the application disposed. The officers were in fact very cooperative later on when they came to know the reply had not been provided on time. Some months back, the LG’s office shot letters to the Government for taking action against erring gas agencies but till date no action has been taken to recover the looted money. The gas agencies were penalised with only Rs 79,000 and Rs 29,000. This is the case when the highest authority of the state is asking for a probe and action. One can only imagine what the condition might be in other Government offices.
At a time when the residents of Jammu & Kashmir are denied information under RTI on basic issues like Bijli, Pani or Sadak, how can we expect non J&K residents to get information by filing applications through speed post?
Technically, non-residents and even local residents should have been given the facility to file online RTI applications. Nobody is taking up these issues. Is merely giving the benefits of filing an RTI application enough? The public authorities must also respond with a reply which isn’t happening in J&K since central law became applicable here. Dr Jitendra Singh must stress on ensuring applications under RTI Act are disposed off as well.
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