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| PIL over RTI Rules: DB directs State to frame fresh Rules | | | Jammu, Aug 23 : In a Public Interest Litigation (PIL) filed by one BR Manhas, a practicing advocate challenging the J&K Right to Information Act (RTI) Rules 2012 and seeking restoration of RTI Rules 2010, a Division Bench (DB) of State High Court comprising Justice Virender Singh and Justice Janak Raj Kotwal today directed Jammu and Kashmir should have a re-look and frame fresh rules so as to make various provisions of the Act workable to achieve the very purpose envisaged in enacting of the Act.
This approved for reporting judgment written by Justice Janak Raj Kotwal for the Division Bench after hearing Adv BR Manhas appearing for the PIL whereas Sr. AAG Gagan Basotra appearing for the state, Adv SK Anand appearing for State Information Commission, observed that a bare look at Rules 20 to 36 comprised in Chapter VI of the Rules of 2010 and Rule 45 gives an impression that the powers given to the Commission under these rules in some areas traveled beyond the limits of and purpose envisaged under the Act. Division Bench after going through over all, concluded and hold that the opinion rendered by Commissioner/Secretary GAD in the 'memorandum' submitted to the State Cabinet was not wholly correct opinion. It was not correct to say that all the rules pointed out to the 'memorandum' did not have mandate of the Act. Also it was out of the context and illogical to say that the Rules of 2010 were not modeled on the pattern of Central Information Commission (Regulation of Fee and Cost) Rules, 2005 and Central Information Commission (Appeal Procedure) Rules, 2005. Division Bench also wondered as to how the State Information Commission constituted under the Act is expected to function after the Government having divested itself even of the power to provide the Information Commission a working secretariat/Registry, necessary man power and monetary grants and further wonder as to how the ultimate object of setting out the regime of right to information to the people of the State can be achieved if the Commission is not aptly empowered within the ambit of the Act to ensure that directions issued by it are implemented. With these observation Division Bench while not issuing writ of certiorari or writ of mandamus as sought for by the petitioner, nonetheless, in the larger public interest, issue direction that the Government of the State of Jammu and Kashmir should have a re-look and accord reconsideration to the repeal of the Rules of 2010 and frame fresh rules so as to make various provisions of the Act workable to achieve the very purpose envisaged in enacting of the Act. (JNF) |
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