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| Info about Pellet, Pepper gun fire cases | | SIC takes on SHRC | | Early Times Report
Srinagar, Mar 29: In an interesting case, the State Information Commission (SIC) has taken on State Human Rights Commission (SHRC) by directing it to provide the certified copies of the information related to cases filed viz a viz pellet and pepper gun fire cases . The Public Information Officer (PIO) had already provided information to an RTI applicant about the same , but the applicant raised a query that information provided are not the certified copies as mention in J&K RTI Act 2009.
As per details available with Early Times an RTI application was filed by one Abdul Manan Bukhari from Bagat I Kanipora district Budgam before PIO State Human Rights Commission (SHRC) on 04.11.2013 seeking following information: -
a) "Total number of Pellet Gun fire and Pepper Gas cases/complaints received by this Commission from 2010 to October 2013.
b) Full information regarding the name, residence etc. regarding all these cases/complaints and copies of the medical records provided by the victims/applicants in support of their complaints/cases of the Commission.
c) Applicant further needs the information about the judgments or orders passed by this Commission from time to time regarding the Pellet Gun fire and Pepper Gas cases.
d) Information and copies of the orders or judgments passed by this Commission regarding the use of Pellet Guns and Pepper Gas on civilians by the Police, CRPF and other Law Enforcing agencies.
e) Information and the copies of expert opinions of doctors and ballistic experts etc. and other relevant documents regarding the lethality/hazardous effects prepared, received/filed or available in the commission vis-à-vis the use of Pellet Guns and Pepper Gas by Police and CRPF on civilians".
This RTI application was responded to by the PIO vide letter No. SHRC/Estt/2013/RTI/632 dated 28.11.2013. Not satisfied with the response of the PIO, the appellant filed First Appeal before First Appellate Authority (FAA) SHRC on 04.12.2013 stating that information provided to him by the PIO is vague.
Thereafter Second Appeal was filed before the State Information Commission (SIC) on 03.03.2014 stating that despite being called by the FAA/Secretary SHRC in order to discuss the things regarding First Appeal, information has not been provided to him.
The appellant prayed the before the Commission (SIC) to deal with FAA/PIO SHRC seriously and PIO be directed to supply the requisite information, as sought by him.
In reply to the notice of the Commission, PIO/FAA vide letter No. SHRC/2013/RTI/31/181 dated 14.03.2014 submitted that 'the information sought by the complainant Abdul Manan Bukhari vide his RTI application No. HC/LC/RTI/08/2013 dated 02.11.2014 stands already submitted vide this Commission's letter No. SHRC/Estt/2013/RTI/632 dated 28.11.2013(copy enclosed) through ordinary post; the receipt of the same is admitted by the complainant in his 1st Appeal.
Subsequently, the reply/information sought in the 1st Appeal dated 04.12.2013 has also been sent to the complainant in the same mode & manner (ordinary post) vide Commission's letter No. SHRC/2013/RTI/31/691 dated 23.12.2013 annexed with 11 leaves'.
The SIC against SHRC order reads as: " During proceedings in the Commission on 26.03.2014, the appellant submitted that information under letter dated 23.12.2013 was received on 18.03.2014 through Registered Post along with 11 leaves. PIO submitted that RTI application of the applicant was initially responded/disposed on 28.11.2013 and later on after filing of the First Appeal; information was again sent to him on 23.12.2013 as per the directions of the FAA as submitted herein above. The appellant pointed out that documents provided to him are not certified copies.
As per Section 2 (i) of the J&K RTI Act, 2009, the appellant has a right to access certified copies of the documents. PIO SHRC is accordingly directed to certify documents provided to the information seeker and submit a compliance report.
The PIO shall ensure that in future, response to RTI applications are sent through prescribed mode of service so that delivery is ensured". |
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