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| Petition challenging the appointment of CIC dismissed | | | Early Times Report
Jammu, December-08: A petition filed in the larger interest of people of J&K challenging the filling of post of Chief Information Commissioner J&K State in absolute and prima-facie violation of constitutional mandate of Article 14 & 16. Provision u/s 3 (Chapter-II) of the J&K Right to Information Act 2009 curtailing the category of information seekers, a prima-facie violation of constitutional mandate of Article 19. Such curtailment also applies to the so appointed Chief Information Commissioner J&K who being a non-resident of J&K, shall not be able to seek any information and/ or discharge his duties under the said act. While democracy requires an informed citizen and transparency of information which are vital to its functioning and also to contain corruption and to hold Govt and its instrumentalities accountable to the governed the provisions of J&K RTI Act 2009 are quite contrary. The petition because disregarding the requirements of fairness and justice, the respondents intentionally select as Quasi-Judicial Authorities such candidates who’s occupational backgrounds make them predisposed to conflicts of interest and therefore most likely to favour the respondents in their Quasi-Judicial orders. Thus they deprive the petitioner and public at large of fairness and justice in matters of their right to access information that lies with public authorities, which is the primary purpose of appointing information commissioners under the J&K RTI Act 2009. The present case is a demonstrative example of how a state is acting plainly incomplete contravention of established laws and against the whishes of the citizen of India. In matters of life and liberty, there could be risk of the deprivation of other fundamental rights of the non-residents of J&K particularly the domicile of J&K who are not residing in Jammu & Kashmir. The petitioner Raj Dev Sharma seeking this petition be treated as Public Interest Litigation.
Division Bench of Jammu & Kashmir High Court Jammu Wing comprising Chief Justice Barin Ghosh and Justice Mohd Yaqoob Mir after hearing petitioner Raj Dev Sharma appears in person and Advocate General M I Qadiri for the respondent State dismissed this petition as no Public Interest is involved in this petition. JNF
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