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| HC treats e-mail as PIL, issues notice to State | | Non-implementation of RIT act | | Jammu March 30
One Dr. Raja Muzaffar Bhat, social activist and Chairman Citizens Council, Chadoora of Budgam District, in his E-Mail to Chief Justice State High Court has alleged that he had approached the Commissioner/Secretary GAD and also Chief Secretary for furnishing him some information under Right to Information Act, which was not supplied. Later, he had approached to Chief Information Commissioner of India, who had informed him that he had no jurisdiction to take appeals from J&K State regarding Right to Information Act. In his E-mail, Bhat has prayed that government be asked to take immediate steps to implement this Act and to appoint competent authorities, so that people in general could seek information on the government actions.
This email, treated as Public Interest Litigation, was listed today before Division Bench of the State High Court Jammu wing, comprising Chief Justice BA Khan and Justice JP Singh.
The Division Bench issued notice to the Government through Chief Secretary, requiring him to file the Government’s version as to why this Act is not being implemented in the state of J&K, while a similar Act is in force through out the country. DB directed Registrar Judicial to send a copy of this order to Advocate General, who will seek government’s version and file appropriate reply before the court within three weeks from receipt of this order.
According to the version, Chief Information Commissioner, Central Information Commission, Government of India New-Delhi Wajahat Ullah in his reply to Bhat said that the State Government has not so far extended the Right of Information Act 2005 to the State of J&K. What remains, is only the illusion of a right under the Act. The jurisdiction of this office will run only on Central Government organizations in the state, not those under the state Government. The Commissioner suggested initiating campaign within the state with the support of media to extend this Act to J&K. Upon this, the petitioner sent this email to Chief Justice of J&K High Court which was treated as PIL and listed today before the Division Bench today.
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