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| SIC directs Home Department to provide Info | | | Early Times Report
Jammu, Mar 7: The State Information Commission (SIC) has directed the State Home Department to provide information related to payment of compensation as recommended by J&K State Human Rights Commission (SHRC). The information was earlier denied by the Home Department and the case landed in SIC which directed the Home Department to provide some part of the information.
Details available with Early Times reveal that an RTI application dated 30-05-2018 was filed by one Ghulam Rasool a resident of Hyderpora Srinagar before the PIO, Home Department, Civil Secretariat seeking photocopy of Government Order No. 905-of 2008 dated 31.12.2008, details of recommendations made by SHRC, cases accepted by the Government, cases rejected, compensation awarded, name of beneficiaries and reasons for rejection of SHRC recommendations.
The PIO, Home Department vide his communication dated 06.08.2018 provided some information to the information seeker Ghulam Rasool . Not satisfied with the information provided by the PIO, Ghulam Rasool filed first appeal with the First Appellate Authority (FAA) Home Department on 24.07.2018. The FAA vide his order dated. 06.09.2018 disposed of the first appeal observing that the information has been provided by the PIO to the appellant.
Aggrieved by the order of the FAA dated 06.09.2018, the appellant filed 2nd appeal before State Information Commission (SIC) on 16.10.2018.
Hearing was adjourned with the direction to the PIO to file counter statement in the appeal and also provide complete information in respect of the point Nos. 2(a) and 2(b) of the RTI request to the appellant within two weeks.
The appeal again came up for hearing before the Commission on 11.01.2019. The appellant reiterated his stand that the PIO has furnished him a gist of total number of cases received from the SHRC, number of cases accepted and number of cases rejected but no details have been furnished regarding the case title, case number and grounds of rejection. Vide interim order dated 4.12.2018, the PIO, Home Department was directed to file counter statement in the appeal and also provide complete information to the appellant in respect of the point Nos. 2(a) and 2(b) of the RTI request to the appellant within two weeks. Hearing in the appeal was again adjourned with the direction to the PIO to provide complete information to the appellant within 10 days.
The appeal again came up for hearing before the Commission on 11.02.2019. The PIO submitted that the information containing number of cases received from the SHRC, cases accepted, cases rejected and cases deferred has been furnished to the appellant. The PIO further submitted that the details like grounds of rejection cannot be provided, as the same is exempted from disclosure under section 8(1)(a) of the RTI Act. The appellant, however, submitted that he has sought the details about the amount of compensation awarded / paid and grounds of rejection. Such details are not related to the security of the State. The PIO clarified that sometimes recommendations of the SHRC are rejected on the basis of confidential reports from different security agencies relating to certain activities of the concerned persons, the disclosure of which is considered to be prejudicial for the security of the State. The disclosure of such reports would identify the persons / authorities who have furnished such reports and would endanger the life and physical security of those persons.
On enquiry made by the SIC, PIO Home Department submitted that there is no objection to the disclosure of reasons for rejection of any recommendation of the SHRC provided that the copy of the report on the basis of which such view is taken is not sought by the appellant. After hearing the parties, the appeal was disposed of by SIC with a direction to the PIO to furnish the information relating to details of cases like case title, case number, name of the beneficiary, amount awarded / paid and the grounds of rejection to the appellant within two weeks from the date of receipt of the order without disclosing the contents of the report or inputs on the basis of which such cases were rejected and without identifying the person or agency making such report or input. |
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