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 .

J & K : Withholding Teachers’ List, Activist Moves SIC Against JKSSB

Withholding  Teachers’  List:  Petition Filed Against      JKSSB

Withholding  Teachers’ List

 Activist Moves SIC  against   JKSSB

Jammu, 13/Oct/2014: Aggrieved over the casual approach and delaying tactics of the        Jammu and Kashmir Service Selection Board, JKSSB in issuing the teachers’ list of        several       districts for which the advertisement notices were issued in year 2012 and        2013  and where the interviews have also been conducted a long ago. A complaint        under section     15 of Jammu and Kashmir Right to Information Act, 2009 have been        filed with the J & K       State Information Commission wherein the complainant, RTI        activist Raman Sharma        have submitted that  by speed post on 22/Aug/2014 he had          sent an RTI         application under ‘Life & Liberty ‘clause (section 7-1  ) of  Jammu and          Kashmir Right to          Information Act 2009 to the Public Information officer of JKSSB    at      Srinagar     office which was duly  delivered by the postal         department in the office of     the    respondent on 26/Aug/2014. 

In his complaint addressed to the Registrar, JKSIC,  the activists has stated that he had urged the Public Information Officer, PIO of the JKSSB to provide the information within 48 hours as per the mandate of Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009  as the subject of the sought information related to a very important issue pertaining to  Life and future of 1000s of  young educated youth of Jammu and Kashmir State who have applied for the various posts of teachers in response to JKSSB’s  advertisements  vide notice no’s 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 . In the petition it is also submitted that  except few districts, the JKSSB have announced the successful candidates for other districts and there the successful candidates have even joined their place of posting whereas the candidates of the remaining districts where  the result is yet to be declared are waiting anxiously and there is not word or information from the recruitment agency about their fate, the commission has also been apprised that the subject RTI application was duly received by the respondent on 26/Aug/2014 much earlier before the devastating flood in the state and the respondent was under legal obligation to honour the RTI act and provide reply within 48 hours as the applicant had sought information under life and liberty clause.  

Earlier through  his RTI application to the JKSSB, Sharma had sought information about the policy/rule/procedure adopted by the JKSSB, for different posts the maximum time limit      fixed           under  which the recruitment procedure should be culminated/completed by the JKSSB    where there is     no court order/ Stay.  It is pertinent to mention here that JKSSB had invited applications for the posts of teachers for different districts of the  state vide different  advertisement  notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 . Though the exams & interviews were  conducted for the said posts & even the merit list been declared/announced for districts like, Reasi, Kishtwar, Poonch, Baramulla, Ganderbal etc but the merit list/selection lists of district Jammu/Udhampur & Kathua  are still awaited. Despite the fact that the interviews of the candidates belonging to these districts were conducted earlier than the other districts where the lists have been published/announced/declared but still the results of the candidates of these districts and the merit lists are not being announced/published which has put the career/future  of thousands of young educated aspiring candidates male and females in a state of limbo, this is obviously a grave matter related to their life and livelihood that's why the information seeker has contested that the sought information obviously falls under the provisions of the Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009 and that deserved to be released within 48 hours.

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COPY OF  COMPLAINT:

       Complaint  Under   Section  15  of   J & K   RTI  ACT  2009

To

The Registrar

State Information Commission

J&K, Jammu.

Appellant RAMAN SHARMA, Address: k-236, Mast Garh, Jammu. 180001 Mob: 9796811012, email: jkrtiact@gmail.com

Respondent Public Information Officer, Jammu and Kashmir Service Selection Board, JKSSB, Zam Zam Building, Rambagh, Srinagar,190001.

                                                         

Detail of information sought and Fees: Copy enclosed as annexure A & B.

Reason for the Complaint:          The appellant through speed post on 22/Aug/2014 had sent an RTI application under ‘Life & Liberty ‘clause (section 7-1  ) of  Jammu and Kashmir Right to Information Act 2009 to the Public Information officer of JKSSB at Srinagar office. The said application was delivered by the postal department in the office of the respondent on 26/Aug/2014.

In the RTI application, the appellant had urged the respondent to provide the information within 48 hours as per the mandate of Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009  as the subject of the sought information related to a very important issue pertaining to  Life and future of 1000s of  young educated youth of Jammu and Kashmir State who have applied for the various posts of teachers in response to JKSSB’s  advertisements  vide notice no’s 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 .

Unfortunately, except few districts, the JKSSB have announced the successful candidates for other districts and there the successful candidates have even joined their place of posting whereas the candidates of the districts of the result is yet to be declared are waiting anxiously and there is not word or information from the recruitment agency about their fate.

The above application was duly received by the respondent on 26/Aug/2014 much earlier before the devastating flood in the state and the respondent was under legal obligation to honour the RTI act and provide reply within 48 hours as the applicant had sought information under life and liberty clause.    

Moreover, the respondent have shown scant respect for the law passed by the state assembly and orders of the honourable J & K State Information Commission where from time to time the honourable commissioners have asked the officers to provide the information to citizens within the time frame without resorting to delaying tactics.

Now it is over 45 days, but even today, there is no correspondence or intimation by the respondent to the appellant about the status of his RTI plea forget reply. Even if it is assumed that the subject RTI application was not falling under life and liberty clause even then the respondent should have provided the information to the applicant within 30 days which have also been passed.

PRAYER: Through this submission under section 15 of the JK RTI Act 2009,  I seek your kind intervention in this matter and urge you to take action as per the provisions of the act, order  a probe to trace out the person responsible for restraining the respondent to  supply the information to the appellant within stipulated period of time. The Honourable commission may also award compensation to the appellant as this commission deems appropriate for mental agony caused to the information seeker for depriving him of his right  and also the cost of this complaint.  

Dated:     13/Oct/2014                                                                    Raman Sharma

                                                                                                          Appellant.

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Copy of RTI Application

 APPLICATION UNDER JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009

To                                

                                                                                   

The Public Information Officer,

Jammu & Kashmir State Selection Board, Srinagar.

Respected Sir,  

 Kindly provide me following information under the provisions of section 7(1)  of J & K RTI Act 2009 where it being mentioned that in case of life and liberty the information shall be provided within 48 hours of the receipt of the request.  I am bonafide resident of the state & an initial fees of Rs. 10/- is enclosed herewith as IPO No_. 08F- 876774.

BACKGROUND:  The JKSSB invited applications for the posts of teachers for different districts of the  state vide different  advertisement  notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 . Though the exams & interviews have been conducted for the said posts & even the merit list been declared/announced for districts like, Reasi, Kishtwar, Poonch, Baramulla, Ganderbal etc but the merit list/selection lists of district Jammu/Udhampur & Kathua  are still awaited. Despite the fact that the interviews of the candidates belonging to these districts were conducted earlier than the other districts where the lists have been published/announced/declared but still the results of the candidates of these districts and the merit lists are not being announced/published which has put the career/future  of thousands of young educated aspiring candidates male and females in a state of limbo, this is obviously a grave matter related to their life and livelihood. Hence the sought information obviously falls under the provisions of the Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009. The learned PIO of the SSB is thus requested to supply the information within stipulated period of time.

INFORMATION SOUGHT

1.       As per policy/rule/procedure adopted by the JKSSB, for different posts the maximum time limit   fixed        under  which the recruitment procedure should be culminated/completed by the JKSSB   where there is        no court order/ Stay. 2.       Kindly provide me copy of such Policy, rule, procedure adopted by the JKSSB regarding time     schedule        fixed for completion of recruitment procedure. 3.       In how many years/months/days the merit list of candidates belonging to district Jammu, Kathua and        Udhampur would be announced/declared who has appeared for written tests and interviews in    response to the above quoted notifications for the posts of teachers.  4.       As per official record of the JKSSB Whether the merit lists are being prepared for district        Jammu/Kathua/Udampur or are there  any discrepancies.  5.       Kindly intimate whether there is any court order/notice being issued to the to the JKSSRB (with    regard to         different advertisement notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of        2013         dated 16.02.2013, and no:  05 of 2013  dated 02.03.2013). 6.       Kindly provide me copies of all such court orders being issued to JKSSB ( with regard to vide        advertisement notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated        16.02.2013,     and no:  05 of 2013  dated 02.03.2013). 7.       Whether there is any proposal pending with the JKSSRB to forumulate a   policy/rule/norm/procedure to        fix time limit for completion of recruitment procedure of different    posts issued by the JKSSB. 8.       As per the official record of the JKSSB any official reason mentioned for the delay in        announcing/declaring merit list of the candidates belonging to district Jammu/Udhampur and Kathua. 9.       Intimate Name and designation of  the competent  authority/officers/official of JKSSB who takes final        decision to declared merit list of         candidates.

        

Dated: 22/Aug /2014                                                                                       RAMAN SHARMA.               

                                                                                                                                                 

                                                                                                                            [Applicant]

Address:   Raman Sharma, . 236-K , Mast Garh,  Jammu. 180001 J & K                             Mob: 9796811012.  

Email: JKRTIACT@GMAIL.COM,  Web Link:  JKRTIACT.BLOGSPOT.IN .

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Copy of RTI Fees, Postal Reciept

SIC Disregards RTI Plea under “Life & Liberty Clause”

J & K  Info Commission  Rejects  RTI without   Citing  any  Reason

SIC   Disregards   RTI  Plea under “Life & Liberty Clause”

JAMMU, 04/May/2014: Jammu and Kashmir State Information Commission in utter violation of the Right to Information Act has rejected an RTI application without citing any valid reason for it. Public Information officer of the SIC has failed to provide information to an information seeker within stipulated period of time and yet even after lapse of time did not intimate him anything.

 Earlier, RTI activist Raman Sharma had filed an RTI application under ‘Life and Liberty Clause’  with the commission office at Jammu on 28/April/2014, it is worth to mention here that as per section 7(1) of the J & K RTI Act 2009, the Public Information officer is under legal obligation to provide the information within 48 hours where the information sought   concerns the life or liberty  of a person, though for matters other than ‘life and liberty’ the information may be provided within maximum limit of 30 days.

While sharing details with media, Sharma informed that he had filed RTI application to know the details of action taken by State Information Commission on a representation submitted by another RTI applicant (victim) where the RTI applicant has sought the intervention of the commission for allegedly receiving threat calls from an unknown person to pressurise him to withdraw his RTI application.

Expressing concern over the casual approach of the State Information Commission while dealing with cases of Life and Liberty Raman said the commission should follow due process of law being the apex RTI body in the state  and if the SIC itself fails to follow the rule book then it would not only be unfortunate but setting a wrong precedent for other Public Authorites.

 However, a  complaint   under section 15 of the Jammu and Kashmir RTI Act has also been filed with the registrar of the commission on 03/May/2014 titled “Raman Sharma Vs  PIO, J & K State Information Commission” for not getting the information within stipulated period of forty eight hours.
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Published in JK Newspoint, Kashmir Times, The Northlines, Journey Lines, State Times on 05/05/2014.

http://www.statetimes.in/news/sic-disregards-rti-plea-life-liberty-clause/

http://www.thenorthlines.com/newsdet.aspx?q=79319

J & K : Time to Set Up “Police Complaints Authority”

J & K : Time to Set Up “Police Complaints Authority”

Raman Sharma

Without having  any prejudice against or in favour of the lawyers or Police  I would like to submit that the recent agitation of Lawyers in Jammu against a local police officer have highlighted a very important issue which needs no rest even after the agitation of members of the legal profession. I don’t know whether the allegations of the lawyer  which is though so serious in nature is true/untrue/half true or otherwise but the rule of law must prevail.

The allegations as levelled by the advocate against the SHO are not isolated in nature and  there are often complaints by citizens alleging serious abuse of authority by Policemen.  The most general allegations against the policemen are that due process of law is not followed by them before taking a person into custody and the Policemen are also often accused of siphoning off  the money of the accused taken into their custody. Torture in Police Custody, inhumane treatment in Prison Cell, denying basic human rights to the detainees are also  very common blames the Policemen often face.

Now the question arises that do we the citizens should out- rightly condemn all the  policemen  on the allegation of any person or we must also give them the right to defend themselves, after all the Police officers are also are part and parcel of our society. A Policeman may be our brother, Uncle, Friend, Son and father (in my case).

Obviously as a law abiding society and as per the system of natural law of justice a person is innocent until proven guilty so we have to hear the accused (Policeman) also. But often in our state whenever any allegation is levelled against any policemen it is general perception that the police department tries to shield their own people, hardly take any action them and let them scot free because if any probe against any police officer is lodged again it is another policemen who does the so called probe the result of which in 99 percent cases is known to one and all beforehand. To find out a solution to this serious problem where the citizens losing faith in Police department, the Honourable Supreme court showed the government a way ahead. The honourable Supreme Court of India in its historic judgement has passed a very important judgement where it has clearly suggested a neutral body to look into the cases against the police people .  While deciding    Writ Petition(C) No. 310 of 1996, titled "Prakash Singh & Ors Vs. Union of India & Others,  on 22/Sep/2006,   the Honourable Supreme   Court in its order has called for setting up “Police Complaints  Authority”.   

The Court order states   “There shall be a Police Complaints Authority at the district level to look into complaints against police officers of and up to the rank of Deputy Superintendent of Police. Similarly, there should be another Police Complaints Authority at the State  level to look into complaints against officers of the rank of Superintendent of Police and above. The district level Authority may be headed by a retired District Judge while the State level Authority may be headed by a retired Judge of the High Court/Supreme Court. The head of the State level Complaints Authority shall be chosen by the State Government out of a panel of names proposed by the Chief Justice; the head of the district level Complaints Authority may also be chosen out of a panel of names proposed by the Chief Justice or a Judge of the High Court nominated by him. These Authorities may be assisted by three to five members depending upon the volume of complaints in different States/districts, and they shall be selected by the State Government from a panel prepared by the State Human Rights Commission/Lok Ayukta/State Public Service Commission. The panel may include members from amongst retired civil servants, police officers or officers from any other department, or from the civil society. They would work whole time for the Authority and would have to be suitably remunerated for the services rendered by them.  The Authority may also need the services of regular staff to conduct field inquiries. For this purpose, they may utilize the services of retired investigators from the CID, Intelligence, Vigilance or any other organization. The State level Complaints Authority would take cognizance of only allegations of serious misconduct by the police personnel, which would include incidents involving death, grievous hurt or rape in police custody. The district level Complaints Authority would, apart from above cases, may also inquire into allegations of extortion, land/house grabbing or any incident involving serious abuse of authority. The recommendations of the Complaints Authority, both at the district and State levels, for any action, departmental or criminal, against a delinquent police officer shall be binding on the concerned authority”

Unfortunately, neither the citizens ,media nor the Activists and even the people associated with legal profession  botherered to put a pressure on the state government to implement this order of the Apex Court for setting up of Police Complaints Authority to bring a Police-Public  bonhomie which is an essential ingredient to have safe secure and peaceful  atmosphere in the society. The   politicians of J & K State irrespective of their political affiliation who always used police people for their personal gains did not moved forward in this direction to comply with the court orders.

Therefore it is high time that in a state like ours where hundreds of policemen have laid their lives for discharging their duties and other  thousands still performing their duties even in most risky environment do not get condemnation from the their own people ( Civilians)  even when they are not guilty. Therefore It would be prudent that the state government immediately after the elections orders for setting up Police Complaints Authority to look into the cases of complaint against police personnels so that guilty police officer do not go scot free and entire police force do not earn a bad name because of the misdeeds of few rogue elements of the organization.  About Raman Sharma, he is an RTI Activist and can be emailed at jkrtiact@gmail.com

Published in Jounrey Lines, 03/May/2014: 

http://journeyline.in/newsdet.aspx?q=51879

Also Published in Jk Newspoint on 03/004/2014

Daily Udaan, 02/May/2014

J & K : RTI Chief Snubbed by CM's Office

CM Secretariat Snubs  RTI Chief

 “CM Secretariat  Mum over Sufi’s Suggestion”                       

                                                                                                                                               

Jammu, 29/Apr/2014:   Chief Minister’s Office  has snubbed Chief          Information Commissioner  GR Sufi by not responding  to his DO letter                                for over           more than four months GR Sufi, the Chief Information            Commissioner on 26/Dec/2013 has written a DO Letter  ( Demi official ) to         Chief Minister Omar Abdullah and surprisingly the Chief Minister’s office had      not                  only given  no response  to the letter but even did not  bother to       send any  acknowledgement note                which is normally  issued whenever they           receive any communication from a                      political dignitary or persons          occupying important position like a commissioner  of a statuary body or chairman of            a Board.

Though the Commission itself refused to share the  full contents of the                  letter written by Jammu and Kashmir State Chief Information Commisisoner GR Sufi to RTI applicant stating it as ‘personal information’ and only a portion of it was released by the Public Information Officer of the                                               Commission in response to an RTI application of the RTI activist Raman   Sharma and rest of the information was denied citing it as personal information having  no relationship to any public activity quoting section 8(i) of the JK RTI Act 2009. In the RTI reply commission has informed the applicant that the letter was sent through courier but no response or acknowledgement has been received by it from the CMO.

However , in his letter dated 26/Dec/2013, Chief Information Commissioner GR Sufi       has requested the Chief Minister to direct the Secretary,  General  Administration department to have an interaction with the State information           Commission to initiate the process of reviving Right to Information Rules             (2010) which were amended and replaced  in the year           2012 by issuing an SRO no 279.   

Through letter Sufi had expressed his displeasure over the amendments in the RTI Rules  and  have submitted   “ Unfortunately these rules were abruptly repealed on the main plank of brining the rules at par with central rules”.   “This                    reasoning was quite flawed as the present legislature has been vigouroulsy   ensuring that it exercised all powers which are vested in it under  constitution of the state read with Union Constituion, if the legislature enacts its own substantive law (JK RTI 2009) it is logical that rules also to be that of             creation of state executive keeping in view of the exigencies and special           conditions of our state” Sufi’s letter reveals.

While sharing the letter of GR Sufi with media, RTI applicant Raman Sharma also expressed his resentment over the attitude of the  Chief Minister’s office and commented that it should have responded to the letter of the a statuary and quasi judicial authority like Chief Information Commissioner who as per section 13 of Jammu and Kashmir RTI Act 2009 have the status and rank equivalent to that of an election commissioner .

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Published in Kashmir Times, The Northlines, JK Newspoint, Kashmir Life, Early Times, Kashmir Dispatch, Kashmir Monitor, Jammu Express, Journey Line, Daily Udaan-Urdu and other leading daily news papers.

http://www.thenorthlines.com/newsdet.aspx?q=79131

http://www.kashmirlife.net/5882029042014/

http://www.northerntimes.in/newsdet.aspx?q=25395

http://www.kashmirtimes.in/newsdet.aspx?q=31716
http://earlytimesnews.com/newsdet.aspx?q=126702

Display List of Medicines Available In Hospitals: SIC

Display List of Medicines Available In Hospitals: SIC

Jammu 24/April/2014: In a significant judgment which would prove beneficial to people in   distress, the J&K State Information Commissioner has directed the state government to ensure display of list carrying name and availability of the drugs available in all the government health institutions across state.

 The Information Commissioner Dr. SK Sharma passed this order while disposing a complaint filed by noted RTI activist Deepak Sharma. In his 5 pages judgement the commission vide its order no . SIC-J-A-46-2014/108 directed the state government through Commissioner Secretary Health and Medical Education department to ensure display list of all medicines including life saving drugs available to the patients free of cost at prominent places in the hospitals and health centers for the benefits of the general public within a month time.

Earlier in his complainant to the commission the activist had sought a direction for the Hospital authorities to ensure compliance of section 4 of the J&K Right to Information Act 2009, which obligates a public authority to proactively display the information held by it.

 Sharing details of the case, Deepak stated that it is a common experience that though the Government claims that many medicines including life saving drugs are made available in hospitals and other health institutions and these drugs are meant for free distribution to patients, but usually the patients are not given the medicines available in the hospitals which is meant for free public distribution and are asked to purchase the medicines from the market . To find the fate of such medicines available in the hospitals , he filed an RTI application to Government Meical College and Hospital Jammu and raised queries which included to know the details of all medicines including life saving drugs and other surgical products available in the stores of hospitals and also asked the details of medicines available in the store that has crossed the expiry date. 

Being aggrieved by the reply of the PIO, the activist filed a complaint in the State Information Commission to issue order to the hospital authorities to display information regarding availability of medicines, proactively under section 4 of the J&K RTI Act 2009.    

Taking cognizance on the complaint, Dr. S.K. Sharma, J&K State Information Commissioner in its judgment directed Commissioner Secretary Health and Medical Education, Principal Government Medical College and Hospital and Director Health Services to ensure that the availability of all medicines is displayed at prominent places of all hospitals and health centers for the benefit of the general public with in one month of passing the order.

Published in JK Newspoint, Daily Excelsior, State Times, Kashmir Times, Greater Kashmir, Kashmir Life and other leading dailies of Jammu and Kashmir on 25th Apr/2014.

http://www.kashmirtimes.in/newsdet.aspx?q=31539

http://www.kashmirlife.net/display-names-availability-of-medicines-in-hospitals-sic-to-govt24042014/

http://jammu.greaterkashmir.com/news/2014/Apr/25/sic-asks-govt-to-display-list-of-drugs-available-in-hospitals-19.asp