High Court Stays proceeding of SIC

Jammu,30/Jan/2015: Jammu and Kashmir High Court has stayed the proceedings initiated by the Jammu and Kashmir State Information Commission in a complaint case. In a Writ Petition filed before the Honourable High Court  by RTI activist Raman Sharma against the orders of the Jammu and Kashmir State Information Commission challenging the power of the Commission in issuing summon for appearance of a Complainant before it under section 15 of J & K RTI Act 2009. Earlier the Information Commission bench headed by Chief Information Commission has issued summon notice of appearance against the petitioner citing power under section 15 of Jammu and Kashmir Right to Information Act 2009.   In the petition it has been submitted that the respondent has  misinterpreted the provisions of the section 15 of the J & k RTI Act read with section 30 (b ) and section 32 of civil Procedure Code Samvat 1977. It is also submitted that before taking any action under section 30 and 32 of CPC against the petitioner, the respondents were required to adhere strictly the provisions of Rule 10(2) of J & K RTI Rules 2012 along with Order 11 of CPC. The respondents prior exercising their authority under  30 and 32 of CPC were required to follow rule 10(2) of J & K RTI Rules 2012 along with Order 11 of CPC. That the respondents acted beyond their jurisdiction and ignored rule 10 of J & K RTI Rules 2012 wherein the complainant/appellant have discretion to remain present/ or opt not to present during the hearing  proceeding before the commission.  The respondents/commission is not a judicial body and is not empowered to call/summon/warrant the presence of complainant/ information seeker in the light of Rule 10(2) of the J & K RTI Rules 2012 . The order of the JKSIC has also been challenged on the ground that the respondents nowhere empowered by the Act to issues summons/warrants or impose any penalty in absence of a complainant or information seeker during the proceedings before it. Dewaker Sharma, Advocate represented the petition whereas S.K Anand Advocate waived notice on behalf of the respondents. The petitioner  in the  writ petition  has further  challenged  the order  wherein the SIC assumed unfettered  powers upon themselves  in the garb of sec 15 Jammu and Kashmir Right to Information Act 2009, wherein the powers to Commission is specific, limited and self explained. The High Court while calling for records from Commission  also stayed the proceedings carried over by the commission   in a complaint  filed by RTI activist Raman Sharma .