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| SIC directs DC Kishtwar to provide Information under RTI | | Details of Gun License holders in Kishtwar | | Early Times Report
Jammu, Oct 8: The State Information Commission (SIC) has directed the DC office Kishtwar through Public Information Officer (PIO) who is also the Additional DC of Kishtwar to disclose the information related to gun license holders in the district to an RTI applicant . The Information was earlier denied by the PIO as well the First Appellate Authority (FAA) the DC Kishtwar on the security grounds by invoking section 8 of JK RTI Act 2009 . Dismissing the appeal filed with FAA the SIC on October 3rd ordered for providing the said Information.
As per details available one Chuni Lal Shan S/o Krishan Lal Shan R/o Mulchitar Sigdi, Tehsil Chatroo, District Kishtwar moved an application dated 14-03-2013 under J&K RTI Act, 2009 before the PIO in the office of Deputy Commissioner, Kishtwar seeking names of Gun Licence Holders along with parentage & complete address; Information regarding date of issue of Licence along with the name of Issuing Authority since the creation of District Kishtwar.
The PIO communicated to the applicant vide office letter No:DMK/13/2112 dated 29-03-2013 that the information sought is security related as the weapons provided are for self defence/protection by the individual therefore , it cannot be shared. However, the applicant was not satisfied with the information provided by the PIO. He filed Ist appeal before Dy. Commissioner, Kishtwar on 24-05 2013 which was disposed of and the information seeker was informed vide No:DMK/K/RTI/13/260 dated 19-06-2013 that the matter was enquired and found that the requisite reply has already been supplied/furnished.
The appellant Chuni Lal Shan challenged the validity of the aforesaid order before the State Information Commission by filing second appeal dated 31-07-2013.
The SIC in its order said, "The stand taken by the PIO/FAA in denying the information to the information seeker solely on the ground that the information sought is security related as the weapons provided are for self defence/protection by the individual is contrary to the mandate of the RTI Act whose ethos is based on maintenance of transparency and accountability in the functioning of the public authorities in order to contain corruption and bring purity in administration. The order of the PIO/FAA does not amplify/supplement the security problems which may crop up after sharing this information. The mere statement that the information sought is security related and it cannot be shared carries no meaning and does not enjoy any exemption from disclosure under section 8 of the RTI Act. The order of the PIO/FAA is not a speaking order as it is not based on reasons, hence, devoid of merit".
During the course of proceedings held on October 3rd 2013 the State Information Commission (SIC) received through Fax a letter bearing No: DCK/Adm/13/2042 dated 3-10-2013 from Mr Baseer Ahmed Khan (IAS) Dy. Commissioner, Kishtwar requesting the Commission that due to law and order situation, strike of employees and finalizing the relief cases of victims of communal riots the PIO/Add. Dy. Commissioner, Kishtwar cannot be spared to attend the Commission's office and requested that the said officer may be exempted from appearing before the Commission on 03-10-2013. The Commission considered the request and exemption from personal appearance was granted in favour of the PIO/ Add. Dy. Commissioner, Kishtwar.
SIC directed PIO to provide sought information within two weeks from the date of receipt of this order under an intimation to the Commission. |
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