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Authorities misinterpet sub-judice: SIC
Housing Board asked to disclose info
4/6/2016 12:28:35 AM
Early Times Report

Srinagar, Apr 5: The State Information Commission (SIC) in one its historical orders has made it clear that word Sub-juidice is being misinterpreted and public authorities deny to share information under RTI Act using the word matter is sub-judice.
The Commission in its orders has made it clear that there is no mention of word subjudice in section 8 of J&K RTI Act 2009 which discusses exemption from getting any information. The SIC has made it clear that unless any court of tribunal has forbidden for making information public, the public authorities cannot invoke work Subjudice on their own and ask information seekers that information won't be provided as the matter is pending before a court.
Detaials available with Early Times reveal that one Ashudeep Kohli, a resident of Channi Himmat while invoking his right to information filed an RTI application before PIO, JK, Housing Board on 30-05-2015, received in the office of PIO on 02-06-2015, seeking information about the reasons for not considering his bid for allotment of Shop No. 5, Sector 1, Channi Himmat, Jammu with reference to M.D. JK, Housing Board advertisement dated: 17-07-2014. He sought detailed information about commercial/residential properties of JK Housing Board, viz, Shops, shop sites, strips allotted at the reserve price or on single bid in auction and even without auction in Channi Himmat, Housing Colony w.e.f. 01-01-2005 to 30.5.2015.
The PIO, JK, Housing Board passed an order on 27-06-2015 and provided information to the information seeker. Appellant feeling aggrieved for allegedly denying information or giving incomplete information filed first appeal before the Managing Director who is the First Appellate Authority (FAA) of JK, Housing Board on 11-07-2015. The FAA decided appeal vide order dated 14-08-2015 and upheld the findings of the PIO. Again aggrieved of the action of FAA, appellant approached State Information Commission (SIC) with his 2nd appeal on 29-09-2015. The appeal filed was found defective by the registry of the Commission and accordingly appellant vide Commission's notice dated: 06-10-2015 was asked to remove those deficiencies, which were later removed by the appellant vide his communication dated: 27-10-2015.
SIC's order reads: "The Commission heard FAA, PIO and the appellant and perused the record. ThenCommission found that with respect to information asked at point 1 of the RTI application, PIO had replied to the appellant that the case was sub-judice in the High Court, J&K and the points of information asked in the RTI application are also included in the Court case. The Commission has gone through relevant provisions of the law and found that there is no concept of sub-judice under Section 8, which is the provision of law along with Section 9, which exempt certain information for being disclosed. Section 8(1)(b) of the J&K State RTI Act, 2009 states that information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court shall not be disclosed. The FAA and PIO have not brought anything to the notice of the Commission, wherein, High Court or any other Tribunal has expressedly forbidden the disclosure of information or anything which may constitute contempt of the court. As there is no any such expressed direction of any court or tribunal or anything which may constitute contempt of the court, therefore, information as sought by the appellant becomes disclosible and PIO to disclose said information within 15 days of the receipt of this order.
SIC' order further reads: "With regard to 2nd point of information asked by the appellant, PIO had informed the appellant that no shop, shop sites, strips, etc has been allotted without auction or on reserve price. However, appellant alleges that the JK Housing Board has allotted shops on single bid at Sector-2, 60 Feet Road, Main Road, Channi Himmat, Jammu and Shops at Tawi Shopping Complex, Sector-2, Channi Himmat, Jammu on single bid and reserve price. However, no documentary proof was produced by the appellant before Commission to prove his contention and to substantiate his allegation that incorrect information was provided to him. PIO, JK, Housing Board is directed to examine this issue and if he found that information as already provided has not been provided strictly in accordance with RTI application, the he is directed to modify his order and provide correct and complete information to the appellant. The appellant will be at liberty to file a complaint in case wrong and incorrect information is provided by the PIO".
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