Jammu, May 9
The State Information Commission (SIC) seems to have been caught on the wrong foot after it “perceived” that the Right to Information (RTI) Act was being “misused” and suggested that the “misuse can be checked if the information (sought by an applicant) is allowed to be accessed only for three years.”
The Commission said it had received several “verbal complaints” wherein Public Information Officers (PIOs) and other government officers said RTI activists were “harassing and blackmailing” them in the name of the RTI Act and there was a need to check such “malpractices”.
The Commission’s observation, however, has sparked a controversy after information seekers wanted to know how the RTI Act was being “misused” in the state.
During his visit to Aurangabad on March 10, the Chief Information Commissioner (CIC), J&K, G R Sufi, had said that “the way out (to check the misuse of RTI Act) could be if the information is allowed to be accessed only for three years to the public and later only if there is a judiciary requirement or any such important reason”.
Interestingly, on April 5 the Commission in response to an RTI application admitted that it had received no complaint “in writing” regarding the “misuse” of the RTI Act so far.
It also admitted that nothing exists in official records vis-à-vis any investigation done by it to access and establish the allegations that the RTI Act was being misused to harass officers or to blackmail anyone.
“None in writing” was the response of the Commission when it was asked as to how many PIOs and other officers had made written complaints that the RTI Act was being misused or some activists were harassing or blackmailing them. It also stated that no meeting so far had been convened to discuss and debate the misuse of the Act.
Raman Sharma, a Jammu-based activist who on March 11 filed an RTI plea seeking complete details about the number of written complaints made by PIOs regarding the misuse of the Act, alleged that it (SIC suggestion on March 10) was an attempt to weaken the Act, which had already been rendered a “toothless tiger” by the state government.
He said the Commission being a statutory body and custodian of the RTI Act needed to strengthen it. “On the contrary, it is bent on weakening the Act which is not good for society as a whole,” Sharma said.
A senior official of the Commission, who insisted on not being named, claimed it was not necessary that the complaint should always be made in writing.
“There could be no written complaint but there may be verbal complaints which may be looked into. The PIOs are reluctant to file complaints in writing and, at times, they convey their issues verbally. The Commission can take cognisance of verbal complaints,” he said.
He said the PIOs had no powers to ask an information seeker why he wanted information covering a long period (10 to 40 years), but the Commission could pose queries in this regard.
“There are implied powers, instead of expressed powers, with the Commission to question the RTI activists (on seeking information covering a long period),” the official said. If the Commission could tighten the noose around PIOs, the applicants must also be held accountable, the official added.
The CIC in his single line response maintained, “It was my personal opinion and it is up to government to make any such amendment.”
No plaint on ‘misuse’
On March 10, the Chief Information Commissioner (CIC), J&K, G R Sufi, during his visit to Aurangabad had said that “the way out (to check the misuse of RTI Act) could be if the information is allowed to be accessed only for three years and later only if there is a judiciary requirement or any such important reason”.
On April 5, however, the State Information Commission in response to an RTI application filed on March 11 admitted that it had received no complaint “in writing” regarding the “misuse” of the RTI Act so far.
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Here is the copy of the RTI application filed by Raman Sharma
APPLICATION UNDER JAMMU AND KASHMIR
RIGHT TO INFORMATION ACT 2009
To
The Public Information Officer,
J & K, SIC, Jammu.
R/Sir,
Kindly provide me following information under the provisions of Jammu
and Kashmir Right to Information Act 2009. I am a permanent resident of the
state and RTI fees of Rs 10/- attached herewith as Indian postal order vide
no.08F 861556_____________________.
Note: As per media reports, recently Honourable Chief Information
Commissioner Sh. GR Sufi has made a statement there in Aurangabad while
speaking at a meeting at Dr Rafiq Zakaria Campus. It is being published in the
media that he has suggested that misuse of RTI act can be checked if a
provision is made in the law that any information or record would be open for
access to public only for 3- three years.
Information Sought
1. As per the official record of the J & K State Information
Commission, the visit of the Honourable Chief Information Commisisoner to
Aurangabad was an official visit or Personal.
2. How many /PIO's/ other officers from J & K so far have made any
written complaints to the State Information Commission allegeing that RTI Act
is being misused or some RTI users are blackmailing the officers or harassing
them.
3. Copies of all the written complaints submitted by the Public
Information Officers or any other Officers where it is being informed to the Honourable
CIC or any other IC of the JKSIC that RTI Act is being misused. Also provide
copies of all communications/directions/suggestions made by HCIC or IC's in
this regard to the respective officers.
4. Total number of meetings convened in or by the Jammu and Kashmir
State Information Commission to discuss and debate the issue of Misuse of RTI
Act in J & K. please provide copies of minutes of all such meetings.
5. As per official record of the State Information Commission, has any
research or investigation is being done by the State Information Commission to
access and establish the allegation that RTI Act is being misused to harass
officers or to blackmail anyone.
6. Kindly provide the copy of any research document or any other
investigation report initiated/carried out by the jammu and Kashmir State
Information commission to access and establish the fact that RTI Act is being
misused to harass officers or to blackmail.
7. Provide copy of all the facts/findings/Statements available with the
State Information Commission where it is being established that Information
seekers in the state are violating the provisions of the Jammu and Kashmir RTI
Act 2009.
8. As per the official record available with the state Information
Commisison, intimate total number of RTI users being
harrassed/threatened/thrashed/attacked by private individuals or government
officers in state of Jammu and Kashmir.
9. Total number of Requests recieved by the State Information Commission
from the Information Seekers/citizens where they have prayed for safety and
security for their lives. please provide copies of all such requests and also
the action taken by the state information commission in this regard.
10. kindly intimate details of steps been taken by the State Information
Commisison to ensure safety of RTI users.
11. Total number of Cases where Honourable CIC or IC's have recommended
penalty against any officer for not following RTI Law. Please provide certified
copies of all such recommendations.
12. Total number of Cases where Honourable CIC or IC's have recommended
discplianry action against any officer for not following RTI Law. Please
provide certified copies of all such recommendations.
13. Provide certified copies of summons if any issued by Honourable CIC
or IC's against any officer so far.
14. As per the records/information available with the state information
commission, intimate total number of Public Authorities that have yet not
published suo-moto all the releveant information under Section 4 of Jammu and
Kashmir Right to Information Act 2009, which they were suppose to publish
within 120 days from the date of implementation of JK RTI Act 2009.
15. As per the records/information available with the state information
commission, intimate total number of Public Authorities that have published
releveant information under Section 4 of Jammu and Kashmir Right to Information
Act 2009 after the intervention of Jammu and Kashmir State Information
Commission.
16. Detail of action taken by the State Information Commission against
all such departments who have violated the provisions of section 4 of Jammu and
Kashmir RTI Act 2009.
11/Mar/2013, Jammu
Applicant,
Raman Sharma.
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