Right to Information Act, सूचना का अधिकार अधिनियम, جاننے کا حق: ‘RTI exposed several scandals in JK’

Commission directed IAS officers to disclose their property voluntary: Ex-CIC G R Sufi

In 2009 Jammu and Kashmir State Legislature passed Right to Information (RTI) Act. The Act envisaged right to information for the residents of the state and for enforcing this right a commission was created with Chief Information Commission (CIC) and two Commissioners. However, it took government and opposition two years to agree to appoint Ghulam Rasool Sufi retired Indian Revenue Services (IRS) officer in 2011 as the first Chief Information Commissioner. Sufi completed his five years term on February 29. Rising Kashmir’s Syed Amjad Shah interviewed Sufi about his experiences of heading the commission and the scope of RTI in J&K.

Excerpts:

Commission has given landmark decisions in several cases .

Commission’s website is one of the best websites.

That people are trying to pressurise bureaucracy by filing RTI is largely unsubstantiated.

Commission ordered to share information on custodial disappearances, and mass graves.

There are certain lacunas and deficiencies in the law.

Commission is without secretary from last four to five months

Tell us about your previous postings?

I took Voluntary Retirement from Service (VRS) as Chief Commissioner of Income tax, Amritsar region which had jurisdiction half of Punjab and Jammu Kashmir. I took Voluntary Retirement from Services (VRS) when I was designated for the post of Chief Information Commissioner in Jammu Kashmir.

Tell us your experience as J&K CIC?

As Chief Information Commissioner of Information Commission it was wonderful experience. I am highly satisfied with my job what I intended to do I did it to my best ability and I appreciate cooperation of officers and other supporting staff. However, something additional had to be done. Hope with the passage of time, it would be done.

Do you think Information Commission is different?

Yes, because Information Commission in JK not only has recommendatory powers but it also has penal powers unlike other commissions in the State.

Do you think confidence of people has been restored by Commission?

No system will be successful unless confidence of people is built in the system. We have tried to build confidence of the people. The commission has given landmark decisions in several cases. The commission declared Jammu and Kashmir Bank a public authority. However, the Bank has challenged this order in the High Court. The commission also directed the Indian Administrative Services (IAS) officers of the State to disclose their property voluntary and ordered to share information on custodial disappearances, mass graves to the information seekers and also issued orders against the Service Selection Recruitment Board (SSRB), Sher-e-Kashmir Institute of Medical Sciences (SKIMS) and Public Services Commission (PSC). One of my last administrative acts was to receive appeals and complaints online.

What kinds of steps were taken by Commission for easy accessibility?

We upload all the orders/decisions of the Information Commission on the official website of the Commission for easy accessibility of people. Anyone can visit the website to know decisions/orders of the Commission. I have tried to do digitalisation of the Commission. Commission website is one of the best websites out of more than 30 Central and State Commissions in the country .The commission also extensively toured the state and reached even the remote parts of the states to educate people about this new legislation and how to use the same to exercise their right of information.

How much RTI Act has been strengthened in J&K?

The response of the educated and even illiterate people which I received for last few days since my demitting of the office was overwhelming. It shows the Act has taken roots in Jammu Kashmir. People have sought information on important and sensitive matters which has been disclosed and several scandals have been exposed. Numerous people have been benefited as their grievances have been settled. Before introduction of RTI in State, certain young people who were declared failed by the highly constitutional recruitment agency after two years; information revealed that the candidates had qualified for being considered for Kashmir Administrative Services (KAS). Some of them presently are under secretaries, and Deputy Commissioner in taxation departments and this all happened because of RTI.

Is it true that former Chief Secretary of Jammu and Kashmir Government Madhav Lal was summoned by Commission?

Every public authority is subjected to the law of the land howsoever he is. Even as the retired Chief Commissioner of Income Tax, I had to visit courts in Mumbai to give my evidence and I used to go with the sense of responsibility and duty. I used to appear before Second Munsiff. It is not the matter of second Munsiff. If law gives power to second Munsiff to record the statement of Prime Minister, he honors that. We should develop the sense of following the law.

What kind of information is being sought under RTI?

Using RTI people get information, which under law has to be given to them. From the use of chopper by Chief Minister to the appointment of Anganwadi workers, people used to file applications for seeking information under RTI. I can proudly say that whenever they approached Commission we passed orders and information was provided to them timely.

Do you think RTI applicants are trying to pressurise bureaucracy?

There is an allegation which has remained by and large unsubstantiated from last five year that certain people by putting RTI application are trying to pressurise bureaucracy. I have been told number of times by the junior officers (PIOs) but not by the senior officers because it is the junior officer (PIOs) under this act providing information to the information seeker. I have also some personal impression about this, but unless the person who claims that some people are pressurizing him/her has to prove the same, the allegations have to be substantiated.

Do the Public Information Officers (PIOs) provide information on time?

Yes, there used to be delays in the response of the PIO’s, however, as the commission took job seriously, the effect of it was that if any PIO was not giving information right on time, he/she used to get a notice from the commission for appearance to explain his/her failure to respond in time. In any case fault lies in his/her part; they had to face the action warranted under the act.

Is there any lacuna in the Act?

No manmade law is perfect. There are certain lacunas and deficiencies in the law. As Chief Information Commissioner (CIC), I had given number of recommendation to the bureaucracy for plugging certain lacunas in the Act. The political bureaucracy that is ministers need to have some understanding of the importance of this revolutionary legislature of the RTI Act and the status attached to the commission. The Government has the powers to make rules and to discipline certain indisciplined people. My duty was to give the recommendations and fight for it, which I did. Unfortunately, the government did not take a call. It is the junior bureaucrats who are called Public Information Officer (PIO), who are to suffer in case of delay of information. There is no responsibility cast on upward ladder of bureaucracy.

Is Government showing non-serious approach towards Information Commission?

Government should realise that this Commission among all commissions has more teeth because it does not have only recommendatory but also has penal powers, and our decisions are bound to be implemented whereas in case of other commissions they are recommendatory in nature. Former chief minister Omar Abdullah was more sensitive towards the needs, requirement and importance of this Act. During 2011-2015, the Commission got the staff and they were not transferring secretaries or registrar of the commission without the consultation of the Chief Information Commissioner. After the change of the government, the secretary was changed without taking any consent of the Commission. From last eight months, a new secretary was posted but he was again transferred within ten to fifteen days. It never happened during initial period. This time the commission is without any secretary from last four to five months and it hurts me. I am thankful to the all governments particularly as they gave lot of funds to the Commission and never kept us waiting for funds. Previous government gave us (Commission) staff, though sometimes adequate and sometime less including secretaries, PAs etc. The political bureaucracy that is ministers are requested to get sensitised about the status of the Commission. In last five years, I have never cared about the personal status and nor did I write to them. I wrote them once; they should read section 13(5) of the RTI ACT.

When will be new CIC appointed?

Chief Information Commissioner (CIC) is a statutory post. Procedure is laid down in the Act. Once a Chief Information Commissioner is retired, and when a new will be appointed, the act is silent about it. It is on the government to take call. They have not devised any mechanism for this. It is the duty of the Government of the time, to see the Commission does not remain without Chief Commissioner and other Commissioners, if they are serious about the functioning of the Commission. The Delhi High Court has come up with a decision that Government should not unnecessarily delay the appointment of Chief Commissioners and Commissioners. Like, union government headed by Prime Minister Narendra Modi appointed new Chief Commissioner of Central Information Commission within fifteen days after the retirement of previous Chief Information Commissioner. In Jammu Kashmir, government may give response to this situation that that CIC and one of the commissioners has already retired if the process of selection would have been put in motion this situation would have been avoided.

What steps were taken by government for awareness of RTI?

It was the duty of government to make programme for bringing awareness among the users of the Act. Particularly, law says government should concentrate on most backward and among the disadvantaged sections of society. Though, IMPA did certain programmes but they were mostly for PIOs. For common people, I can say with confidence that it is Information Commission which took lead in bringing the message of RTI among the common masses because I extensively travelled to all the districts particularly remote areas of Jammu Kashmir. With the help of administration, we used to address the selected gathering of civil society, panchayat members, advocates and others. But still a lot is to be done; I also appeared on electronic medium. We went to universities, colleges, schools. But efforts are still required for awareness.

Training of bureaucrats is necessary?

Initially, there were some efforts by the bureaucrats to understand the Act and to implement it, but it was not commensurate to the need. Most of the people take it as an administrative action. This is not an administrative action. This is a law. There is a procedure how to invoke law. There is procedure how to implement law. Thus a systematic training is needed.

Any suggestions for strengthening RTI?

There is nothing under present law that government starts taking remedial actions. This has not been written. Therefore, my suggestion to government is to do something to think over it and there should not be a question what after RTI Act. There should be action that if any scandal has been exposed we will take remedial action. Periodically, administration should review certain decisions and seek important decision from the Commission regarding lot of financial irregularities and to find if the rules have been flouted the remedial measures can be taken.