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| What to do if RTI application is ignored | | | EARLY TIMES REPORT
Srinagar, January 12: The Jammu & Kashmir Right to Information Act was enacted only last years, four years after the Central RTI Act of 2005. Unfortunately, it would not be an exaggeration to say that most of the government officers in the state are ignorant of RTI Act provisions. You would be dejected if your RTI application is ignored or rejected by the officials. There are certain steps you can take to remedy the situation and take things forward, despite the initial setback.
One of the most common complaints from RTI applicants is that the officials just ignore the application even if it is not outright rejected. Here are some steps you should take if any of the following happens to you:
1. The first eventuality is that you do not get any written response from the Public Information Officer (PIO) to within 30 calendar days as should happen under the RTI Act provisions. This is a clear violation of the RTI Act and provides you clear grounds for a complaint, which is sent to the “first Appellate Authority”. The appellate authority (AA) is a designated officer who is senior to the PIO. If there is no AA specified on the General Administration Department (GAD) website, send the complaint to the concerned Secretary or Director-General. There is no special form for submitting a complaint, but you must include photostat of your original RTI application along with the details of the dates, names, addresses and photostats of receipts.
2. Another situation you may face is that the PIO/APIO may refuse to accept your application or returns it unanswered. This is a gross violation of the RTI Act and requires a complaint to the AA. Remember that your must submit the RTI application to the designated PIO or APIO and not to any other official.
3. Sometimes the PIO or the APIO may make a phone call to the applicant and request a meeting at his/her office. Such a request should be considered a delaying tactic meant to stall the application. If you are faced with such a situation, be firm and inform the PIO that you will be “expecting a response in writing according to the provisions of the J&K RTI Act 2009”.
4. In case the PIO/APIO makes a phone call and asks for clarification on the RTI application. Do provide the clarification but remind the concerned official that the 30-day deadline remains unchanged.
5. Under the RTI Act, the PIO may legitimately deny the information sought through an application. Under Sections 8 & 9, there are several exemptions that may be invoked. These exemptions relate to (1) security, (2) intelligence, (3) ongoing investigations, (4) trade secrets, and (5) matters of personal privacy. In such cases of denial of information, the response of the PIO/APIO must include an explanation and the reasoning for invoking these exemptions.
6. However, under the ``Severability’’ clause in Sectin 10 (1), the PIO must release all non-exempt information. Under the Freedom of Information Act in the US, this is commonly achieved by “redacting,” or covering sensitive information using a black marker. For example, if you are seeking a copy of an allegation of corruption by a whistle-blower, the identity of the whistle-blower may be exempted under Section 8(f) and thus “redacted,” but the rest of the information must be provided to you. This provision is often forgotten or overlooked by government officials.
7. If you feel that the PIO/APIO has denied the information for incorrect or mala fide reasons. You must file an appeal before the AA and state your reasoning in such a situation.
8. If the PIO has issued a ``blanket refusal’’ of information. File an appeal before the designated appellate authority and remind them that Section 10(1) requires all non-exempt information to be released.
These are just some of the situation that may crop up before the applicants when they move applications to the PIOs/APIOs under the RTI Act. There may be some other situations, for which you may need help or guidance. If faced with such a situation, you can e-mail your queries to [email protected] or SMS to 94195.62190.
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