SIC shies away from Transparency, Refuses to Share Its' Letter to Omar

‘ RTI Application Rejected on Flimsy Ground ’

Jammu, 13/Marh/2014:  Shying away from transparency and Ignoring the preamble of the RTI Act which calls for “setting out the regime of the right to information act for the people of the state to secure access  to information  under the control of public authorities , in order to promote transparency and accountability in the working of every public authority and whereas, democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Government and instrumentalities  accountable to the governed” . The Jammu and Kashmir State Information Commission has denied sharing a communication letter written by Chief Information Commissioner GR Sufi to Chief Minister Omar Abdullah and after a pause of 40 days it has rejected an RTI application on flimsy ground.  

The Public Information Officer (Deputy Registrar) at State Information Commission has rejected an application under Jammu and Kashmir Right to information Act 2009 of RTI activist Raman Sharma on the ground that the applicant had not mentioned the name of the ‘Account Officer’ on the Indian Postal Order amounting Rs. 10 which was submitted with the RTI application as stipulated fees.

The applicant Raman had  personally submitted the application with the Public Information Officer on 16/Jan/2014 along with the requite fees which remained unattended with the SIC for over  40 day and then rejection letter, original application and fees is received back by the applicant only on 28/Feb/2014 i.e. after inordinate delay of over 40 days.  

It is worth to mention here that  as per the legal provision of the Jammu and Kashmir Right to Information Act 2009 vide section 7(1) it is obligatory on the part of the PIO to either provide the requisite information as expeditiously as possible but in no case later than 30 days or reject application citing valid exemption clause.

But the Public Information Officer at the State Information Commission, the apex RTI body which is suppose to be a protector of transparency law and trend setter for other Public Authorities to follow and honour the provisions of the transparency law blatantly flouted the provisions of the act and took over 40 days to reject the application. Calling it as an most unfortunate action and blow to transparency law.

 Raman Sharma while giving his reaction over the failure of the PIO to dispose of his application within stipulated period of 30 days  said that even if there was lack on his (applicant’s) part then also as per section    6-1(b) the J & K RTI Act 2009 it is ample clear and already mentioned in the law that the PIO shall render reasonable assistance to the person making the request. He also complained that he received the rejection letter through ordinary post only which also highlights the insensitive approach of the commission towards the law. He also informed that in his RTI application he has only asked for the copies of letters written by Chief Information Commissioner to the Chief Minister and there was no reason to deny this simple information.