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| JK Bank declared as public authority | | | early times report
JAMMU, Apr 24: In a major decision, the Jammu and Kashmir State Information Commission (SIC) finally declared the Jammu and Kashmir Bank as a public authority and directed it to provide information under the Right to Information Act 2009.
The order has been passed by the full bench of the commission including Chief Information Commis-sion, GR Sufi, Information Commission, SK Sharma and IC Nazir Ahmad.
The SIC bench after long deliberations on legal and technical issues related with the Jammu and Kashmir Bank vis a vis the RTI act asked the bank to comply with the provisions of the RTI Act.
The appellants (RTI Activist Raman Sharma, advocate Vilakshan Singh and others) and the respondent, J & K Bank represented by its council advocate Z.A Shah presented their arguments and cited various judgments of different High Courts and the Apex court in support of their claim.
Senior advocate Zaffar Shah appearing for the bank had interpreted section 2(f) of the JK RTI Act 2009 and stressed for not declaring the bank as a ‘Public Authority’, he argued that the bank does not fall under section 2(f) of the Act and hence cannot be declared as a P.A, whereas Vilakshan Singh, complainant/advocate countered the stand of the Bank with various High Court judgments regarding the criteria fixed for declaring anybody or institute as P.A he also read out the preamble of the Act.
RTI activist Raman Sharma, who is also a complainant in the case, while showing contentment over the order of the commission for declaring the bank as a Public Authority, termed it as a big step towards transparency. Giv-ing more details about his RTI plea, he informed that on June 13, 2011, he has submitted RTI application with the bank which was turned down by the bank stating "J&K Bank is not 'Public Authority 'as defined by Right to Information Act and hence, cannot consider request. "Non-Judicial Stamp Paper No. 565187 for Rs. 50 enclosed by you with your application is returned herewith in original."
Another complainant and activist/advocate Vilakshan Singh also showed satisfaction over the decision of the commission and while elaborating details about his RTI plea he told that his application dated Sept 29, 2010 was also turned down by the law department of the Bank.
Citing the reason that the bank is not a Public Authority as defined under the Jammu and Kashmir Right to Information Act. |
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