JK RajBhavan Claims ‘Privilege’ Rejects RTI Plea

JK RajBhavan Claims ‘Privilege’ Rejects RTI Plea

Jammu, 31/March/2013:  Jammu and Kashmir Governor’s Secretariat has rejected an application under Jammu and Kashmir Right to Information Act  stating that Governor’s office is  a privileged Office and thus the asked information cannot be made public. Turning down the RTI plea of activists Raman Sharma, Public Information officer, OP Bhagat who is also deputy secretary to the Raj Bhavan vide his office   letter no. GS-3(RTI-Apl) III/09-13/877 dated 12/March/2013 has informed the applicant that the office of Honourable Governor is the privileged Office thus the information pertaining to delegation and information about the criteria adopted by the Raj Bhavan for allowing  appointment with the Governor cannot be made public under section 8 of the Jammu and Kashmir Right to information Act 2011. 

Earlier in his RTI application dated 06/Feb/2013, the applicant Raman Sharma has asked the Public Information officer of the governor secretariat to provide information related to total number of individuals and delegation that met the Governor and total number of Represenation/Memorandum received by it during the period Jan-2010 to till date and the norms/criteria adopted by the Raj Bhavan in allowing permission to the appointees to seek appointment with the governor. He has also asked about the particulars of the officers who are responsible to decide to allow or reject appointment requests. It was also asked by the applicant that whether any preference is given to any kind of individuals or delegation for appointment with the Governor.

Disappointed with the response of the J & K Raj Bhavan, applicant Raman Sharma has now moved first appeal before the Principle Secretary to the Governor where Sharma has contested the claim of the PIO in refusing the RTI application. Sharma vide his appeal dated 28/March/2013 has stated that  the argument given by the respondent is neither justifiable nor hold any legal weight as in his rejection order. the respondent (PIO) had  cited Section 8 of the J&K RTI Act, 2009, for not sharing the information to the applicant and claimed that office of governor is privileged one. Though there is no denial that the office of Governor is one of the “Highest Constitutional Office” in any state including J&K, but as per the Jammu and Kashmir Right to Information Act, 2009, it is not specifically mentioned that office of governor is exempted from providing any sort of information. Hence the reason of ‘privilege’ cannot be claimed here while dealing an RTI application. In his appeal the applicant has also countered the argument of the PIO that nowhere in the Section 8 cited by the PIO, it is mentioned that information related to delegations/ individuals meeting with the governor can be denied to an information seeker.  “Sir, the information sought by the information seeker is purely in larger public interest and would promote transparency and accountability of the Public Authority, which is well defined in the preamble of the J & K RTI Act, 2009”, the applicant has submitted.  Raman in his 1^st appeal has also reminded the Raj Bhavan that almost every day the State Information and Publicity Department issues press notes and photographs showing the Governor with the visiting individuals/ NGO/ dignitaries/ senior bureaucrats/ politicians/ educationists/ artists and other, the news and stories are often being published regarding the delegations meet with the governor. Hence the sought information is itself made public by the Raj Bhavan therefore the claim of ‘privilege’ holds no logic and justification therefore the present applicant cannot be denied the sought information.

published in Moneylife, JK Newspoint, Northlines and other Newspaper on 01/April/2013