Sufi's Interview : ‘People from rural areas are using RTI Act more than the urban population’

Jammu and Kashmir State Chief Information Commissioner's Interview with  Asem Mohiuddin of leading English newspaper of Valley 'Rising Kashmir' published on 02/July/2012.


 After a prolonged successful campaign, J&K Right to Information Act, 2009 was applied to Jammu & Kashmir from 20 March 2009. Similar Act, Central Right to Information Act 2005, has already been implemented in most of India. Many people have voiced apprehensions about the proper implementation of the revolutionary Act in the state.  Dispelling every such notion, Chief Information Commissioner G R Sufi in an exclusive interview with Rising Kashmir reporter Asem Mohiuddin explains various issues, modalities and concerns involving the Act. Excerpts:

Q:    After three years of the implementation of RTI act in Jammu and Kashmir, how do you see its functioning?

A:The Right to Information Act was enacted in March 2009. The act says that after 100 days of its implementation, the public authorities should have suo-motto disclosure of information on their websites to an extent their resources allow them. But due to some reasons, the establishment of the commission got delayed which impeded the full implementation of the act in the state. The commission is mandated to ensure the successful implementation of the act. I took over as Chief Information Commissioner (CIC) on 28th February, 2011 and it took more six months to appoint 2 commissioners. Since September 2011, the institution is functioning fully.
A: The commission is interested to ensure that the law, which is made to disclose the information, is functioning fully. It is one of the revolutionary acts and both the ruling and opposition parties in government emphasized for its implementation. People should be thankful to those people who gave this wonderful act to the state.

Q: How do you see the functioning of commission with respect to the implementation of act?

The act is as powerful as any other act in India. It is 90 per cent based on central law. There are some special provisions introduced on state decisions also.

So far as the progress is concerned, when I came here it was disappointing and frustrating experience. Hardly anybody knew what this act was. The organizations entrusted to provide the information under the act were not aware of it and it was not possible for them to adhere the act in letter and spirit. I decided to be very pro-active to make these officials informed about the act and about its functioning. I engaged Public Information Officers (PIO’s), Assistant PIO’s of the state administration and made them aware about the act.

Civil society and media were also engaged to disseminate the information and publicity of the act among the masses.  It is written in the act that commission should be proactive by engaging every stakeholder like information service providers, applicants and the media to make it familiar. Though there is no significant, but fair response of people to know how to use the act now. Officers also improved their response while providing the information. Overall, in implementation of the act, there is a considerable improvement.  

Q:  In a recent letter to Chief Secretary of Jammu and Kashmir, you disclosed that the highest offices like Chief Minister’s office and the Rajbhawan have not fully disclosed the information on their websites?  

A: It is a partial oversight. We can’t say that the CM’s office or the Rajbhawan has failed to provide the information. Governor’s office has all the information available. The CM’s office also ensures that all the information is provided to the applicants under the act and has placed the PIO’s and APIO’s. Even the lapses in providing the information are also at central level.  

Q:    Most of the government officers have failed to provide the information under the act or to disclose on their official websites. Isn’t this the violation of section 4 of the act, as recently the commission has sent the order to Chief Secretary of Jammu and Kashmir in this regard?

A: Yes, I have ordered the Chief Secretary and asked him to ensure that all government departments display information on their official websites. Subsequently, the General Administration Department (GAD) while taking cognizance of the notice on 27th ordered the departments to display information on their websites and most of them are doing so.

Though there are still some lapses here and there but I hope all departments will comply with the orders. Ours is not a perfect society and we have to give some time to them.

Q:   What is the profile of people seeking information under the act?  

A: In the last 13 months, out of experience, I feel that some retired officials are using the act to seek information from government departments. Even I must say that 20 per cent of retired officials are currently using this act.

 I have recently put this question to some working government officials that they may oppose this act now but after retirement they may need to use it. There is also a good section of down trodden , below poverty line people from far flung areas of Kupwara, Budgam and Baramulla, using the act. Even people from far flung areas of Banihal are coming forward to use the act.

Q:    There are reports that PIO’s and APIO’s are not obeying the act fully and make people suffer in seeking the information?

A: There is no question of not implementing the act by PIO’s and APIO’s in letter and spirit. Commission is bestowed with stringent powers and they can’t afford to disobey the act. In case there is complaint they should simply inform us by sending a letter by post or visit us. We get scores of letters from people to which we respond immediately.

    Q: Can you give us some figures of rural and urban population using the RTI act in state?  

A: I don’t know the exact figure which requires a proper survey. But recently it was disclosed in assembly that 7000 applications were received by the commission. However, I believe people in rural areas are using the act more than the urban population. The commission gets number of applications from rural areas of Budgam, Kupwara and Baramulla.   

Q:    Considering the age we live in, do you believe that RTI functioning should be digitized and online process be involved in filing the applications?

A: The information pertaining to the act is already available on its website which we update with latest orders and decision made by the commission. However, people in far flung areas will be provided the facility to interact with commission by video conferencing from their deputy commissioner’s offices.  We have sent the proposal to the concerned agencies and hopefully would start listening public grievances by this summer through the medium of video conferencing. The proposal in this regard has also been sent to the Chief Minster and we hope it would be approved. But Commission can’t compel the government for such facilities.     

Q:    There are hundreds of families whose sons/relatives are missing after the start of armed conflict in valley. Majority of the families accuse security agencies. Does this act provide any power to such families to know about the whereabouts of missing?

A: The mandate of the act is to provide the information. Section 2 of the act reads that this act is applicable to all the institutions and all bodies established under the constitution of India. However, under section 21 and 23, the act doesn’t apply to some organizations. But these organizations have to be notified by the state government and the notifications have to be placed in both the houses of state.

As far as human rights are concern, the applicant has to file the application before the commission and if Chief Information Commissioner is satisfied that human rights issue is involved then he can ask for the disclosure of information.  If there is the concern of National Integrity and Security, there is total exemption.  

Q:    In the backdrop of your recent historical decision of declaring JK Bank as public authority, the Bank is planning to field the appeal in High Court as they believe disclosing information has various security issues?

A: First of all there is no appeal against the commission, but if they want they have right to move to the court. People have right to know about the functioning of bank. However, under section 8 there are some major issues wherein bank is exempted to provide the information.

 Moreover, it is also to be checked by the PIO to see which kind of information would have security issues in disclosing. But it is not like you can deny all the information of the bank pertaining to public interest.

Q:    How much financial support you receive from government to make awareness among people about the act?

A: We have received enough funds and we are taking up this issue with the government. Under section 23 in the act, the government has responsibility of propagating the act among masses.   

Q:     With the growing popularity of act, it is believed that particular section of people are blackmailing officials and misusing it?

A: If anybody misuses the act, officials shall identify them. The commission has inherent powers though not present in black and white.

Being the highest autonomous and independent body it can investigate if the act is implemented in accordance to the law. Even officials themselves under law can deal with the persons misusing the act. But unfortunately, there are some bureaucrats who have not read the act fully. Even some so called RTI activists also doesn’t know about the act.