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| 22 Deptts excluded from Central RTI Act 2005, but are vulnerable in J&K | | Secy Law, GAD ignore State Commission's amendment proposa | | Sumit Sharma | 4/18/2012 1:28:39 AM |
| EARLY TIMES REPORT
Jammu, Apr 17: While the Central Government has identified 22 departments including Security and Intelligence agencies which do not fall under the Central RTI Act 2005 due to the apprehension that sharing of vital information of these departments may turn a threat perception to nation but Jammu and Kashmir authorities even housing some pockets announced disturbed areas under Disturbed Areas Act (DAA) yet have to take such corrective measures.
Pertinent to mention the then Additional Chief Secretary (Home) under notification vide SRO-SW4 dated 6-7-1990 declaring the Kashmir valley and parts of Rajouri and Poonch districts as disturbed and later by then Principal Secretary Home vide order number 219/97-ISA dated 10-8-2001 in another notification declared districts of Jammu, Kathua, Udhampur, Poonch, Rajouri and Doda as disturbed areas but the authorities are in slumber over the matter and are providing information responding to RTI under State Act 2009.
If the sources are to be believed the office of the State's Chief Information Commission wrote many a times to the Secretary, Law and GAD to give proposal to the State Government for the amendment of the existing State RTI Act 2009 by incorporating Section 21 of RTI Act 2009 so that attempt to seek some excluded information particularly related to security and intelligence be checked upon to thwart any untoward incident or misuse of RTI by miscreants to achieve their nefarious designs. But the same has to take initiative in this regard reasons better known to the concerned authorities. Lacking the due amendments various departments dealing with Security and Intelligence will become vulnerable to all and some vested interested forces may go to any extent, some apprehended.
Sources said that Commission has issued directions to all PIOs informing that all Government departments be it from State or Centre functioning in Jammu and Kashmir are bound to provide information to the information seeker under State RTI Act 2009. "The direction was given by Commission under decision No Title: Shahnawaz Mir R/o Khansahib Budgam V/s PIO/15 Core Army, Badamibagh Cantonment, Srinagar dated 12.04.2012.
In continuation of this Commission's directions vide Commission's Order No. SIC/RK-33/Comp/11-2011/2449-50 dated 30.11.2012,' sources said.
According to Shahnawaz the complainant contacted the Commission and he was allowed to appear on 9.4.2011. He has confirmed that he has not received any response till date to his application under State RTI Act 2009 from the above mentioned PIO. The Commission advises the Ist appellate authority to entertain the Ist appeal of the appellant as and when filed condoning the delay and dispose of the Ist appeal in accordance with Section 7 of the Act read with Section 16 of the State RTI Act 2009. The Commission invites attention of PIO/15-Corps Badamibagh Cantonment Srinagar (56-APO) to a latest order passed by the Union Home Ministry in the case of Venkatesh Nayak, Coordinator Access to Information Programme, Common Wealth, Human Rights Initiative (CHRI).
In the said order dated January 6, 2012 passed by Joint Secretary, Union Home Ministry cum Ist appellate authority informed the information seeker that Central RTI Act 2005 is not applicable to the State of J&K as it has its own law on the subject. This order is reportedly passed on January 6, 2012 and carried as a news item in some section of media. The Commission directed that the provisions of State RTI Act be strictly implemented by all public authorities who are functioning under the territorial jurisdiction of the State and are thus liable as public authorities to implement State RTI Act 2009 if not specifically exempted.
While disposing off the first appeal under Right to Information filed by Venkatesh Nayak, Coordinator /Commonwealth Human Rights Initiative (CHRI), the Joint Secretary Home Ministry, K. Skanandan, said, "As the matter relating to notification / implementation of this Act was processed by the State Government…………... You may, if so desire, approach the State Government for the relevant information under the RTI Act of the State Government. The RTI Act, 2005, is not applicable to the State of J&K; as such, your application was not transferred to the State Government."
"The Chief Public Information Officer in his letter dated January 6, 2012 informed the applicant that as per the records available… no such communication has been issued by this Ministry in relation to implementation of the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990," the order reads, while upholding the reply of CPIO.
Pertinently, after the eruption of militancy in the State, AFSPA was imposed in Valley and Jammu respectively in 1990 and 2001. The then Additional Chief Secretary (Home) issued a notification vide SRO-SW4 dated 6-7-1990 declaring the Kashmir valley and parts of Rajouri and Poonch districts as disturbed while the then Principal Secretary Home vide order number 219/97-ISA dated 10-8-2001 declared districts of Jammu, Kathua, Udhampur, Poonch, Rajouri and Doda as disturbed areas to facilitate the imposition of AFPSA thereafter. Pertinently, the areas to be brought under the purview of AFSPA have to be declared as disturbed first.
There are apprehensions that procedural lack and due checkpoints will force departments to share even some significant and vital information under the said enactment |
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