Jammu,
06/Jan/2020: After the scrapping of article 370 of the Constitution of India
and Implementation of Jammu and Kashmir Reorganization Act 2019 in the month of
August last year, from the appointed day i.e from 31/Oct/2019, total 106 central laws
were made applicable to the state of Jammu and Kashmir (now UT) and 153 State
acts and 11 governor’s acts were repealed from Jammu and Kashmir including J
& K Right to Information Act 2009 that was replaced with central
transparency law, Right to Information Act 2005.
The
provisions of implementing central laws and repealing previous State acts is
mandated under section 95 and 96 of the Jammu and Kashmir Reorganization Act
2019.
Like other 164
State laws (including governor’s acts), after 31/October/2019, the Jammu and
Kashmir Right to Information Act 2009 also stands repealed and replaced with
Right to Information Act 2005 that is enacted by the Parliament of India and as
per the provisions of Right to Information Act 2005, it is mandatory on
Competent Authorities including Chief Justice of a High Court, Speaker of House
of People/ State or UT assembly, Governor of a State or administrator of a UT
to make rules to carry out the provisions of the Right to Information Act.
As the J
& K RTI Act 2009 does not exist as on date thus the rules made are also cease to be
present and it was an obligation on all competent authorities including the
J & K High Court to frame RTI rules
under the Central RTI law mandated under section 28 read with section 2(e) of
RTI Act 2005 however in response to an RTI application of Jammu resident Raman
Sharma, the Public Information Officer/ Additional Registrar(Adm) of the Main
wing of J & K High Court have stated “ No Rules have been framed/adopted by
the Hon’ble High Court of J & K u/s 28 of Right to Information(central) Act
2005 as yet. The matter is pending consideration before the hon’ble High Court
Rules Committee”.
It is pertinent
to mention here that even as on date the website of many public authorities in
Jammu and Kashmir union territory including that of J & K High Court are serving details of obsolete RTI Rules of
state act whereas they have to factually implement central transparency act and
makes rules accordingly.
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