RTI plea seeks details of J & K citizens affected in Uttarakhand Tragedy

et plus report 
Jammu, July 12 : To ascertain the facts regarding total number of J & K citizens dead or missing in Uttarakhand natural calamity, an RTI application has been filed before the Public Information officer of the J & K Home Ministry at Civil Secretariat, Srinagar. An application dated 12/July/2013 under Jammu and Kashmir Right to Information act 2009 has been submitted by RTI activist Raman Sharma. In his plea, the applicant has sought the details like total number of J & K citizens who have been reported missing in Uttarakhand State where tragedy struck last month. 
The application also seeks details like name, age, address of JK residents including male, female and minors who have been reported dead/injured and the steps being taken by the J & K government to trace out/find its missing citizens. 
The applicant has also wanted to know whether the state J & K government has dispatched its officers to Uttarakhand to trace its people and the other monetary assistance being offered by the government to next kin of the deceased. Explaining the motive for this RTI plea, the applicant Raman informed that he has filed this application to set the records straight because the state government was not giving the exact facts and figures about those killed or missing leaving kith and kin of the affected people suffer.

Early Times Plus

Published in Early Times Plus, JK Newspoint, Northlines and others..

http://www.earlytimeplus.com/newsdet.aspx?q=8055

http://www.thenorthlines.com/newsdet.aspx?q=68597

http://www.jknewspoint.com/newsdet.aspx?q=17701

No rules for meeting Governor: J&K Raj Bhavan reply to RTI plea after 5 Months

RTI Plea Seeking Procedure For appointment with Governor

   

JAMMU, 11/JULY/2013: Very Simple Information (under RTI) which could have been easily supplied within hours or at least within specified period of 30 days is being provided to an information seeker after a  delay of more than 150 days by none other than the Public Information Officer of the Jammu and Kashmir Raj Bhavan. In a case, RTI Activist, Raman Sharma vide his Right to Information  application dated 06/02/2013 has sought  detail from the Raj Bhavan about the procedure to seek appointment of meeting with the Honourable Governor,   procedure adopted by the Rajbhavan in allowing or rejecting appointment to the Individual/delegations, details of total number of Individual/delegations who visited and met Honourable Governor during the period 01/Jan/2010 to till date, the applicant has also wanted to know some other simple queries like, the total number of memorandum and representations revived by the Raj Bhavan during the same  period but instead of providing this information to the applicant, earlier the PIO vide his office letter dated 12/03/2013 had preferred  to reject the plea stating that office of the governor is ‘privileged one’ hence the sought information cannot be shared.

But after the strong written protest and argument by the information seeker before the 1^st appellate authority of the governor’s secretariat, the PIO on 13/06/2013 was directed to give proper reply to the applicant as per the provisions of the Jammu and Kashmir Right to Information Act 2009.  

Now, finally after strong rap by the higher authorities,   PIO of the Raj  Bhavan vide his office letter dated 10/July/2013 has furnished reply to the applicant which states that there are no rules and regulations exists regarding the governor’s meeting with the people .

 The reply also states that the individuals and delegations seeking to meet the governor ask for appointment on telephone,  e.mails or letters and all such requests are reviewed by the governor who decides how does his appointments would be spread over the week/month. It has also been intimated in the reply that governor normally meets all the people  unless he has met or heard them earlier. The reply also reveals  that during the period 01/01/2010 to 30/05/2013, a total of 1705 individuals and 241 delegations which comprises 2215 persons met the governor and Governor’s Secretariat received 2194 memorandum. Commenting on the unnecessarily delay caused by the PIO in furnishing reply, activist  Raman Sharma said the information which is now being served after the intervention of the senior officer of the Raj Bhavan should have been provided by the PIO  at the 1^st instance without wasting the time of the applicant and the senior officers, he also said this shows that some bureaucrats are yet not willing to share information with the citizens which is absolutely a violation of the fundamental right. i.e right to information.

published in PTI, Zee News, Business Standard, Rising Kashmir, Earlytimes Plus, The Northlines, JK Newspoint, Kashmir Times and many other News Papers.

http://www.business-standard.com/article/pti-stories/no-rules-for-meeting-guv-j-k-raj-bhavan-reply-to-rti-plea-113071100861_1.html

http://zeenews.india.com/news/jammu-and-kashmir/no-rules-for-meeting-governor-jandk-raj-bhavan-reply-to-rti-plea_861641.html

Applicant Alleges Humiliation by CIC

RTI Application waved in full public view

Sumit Sharma Early Times Plus JAMMU, July 10: The Chief Information Commissioner allegedly violated section 11 of the  J&K RTI Act 2009, third party act, when he humiliated applicant by waving his RTI query  in full public view at a function organized in Press Club, a couple of months ago. The action of the CIC not only hit the sentiments of the applicant but also brewed resentment  among the RTI activists. According to them, the CIC had no mandate to take the public document  with him from his office before disposing it off and that too without consent of the applicant. The incident of waving the RTI application took place on March 20, 2013 at Press Club, Jammu  where CIC was invited as guest .The CIC during his deliverance on RTI displayed the copy of  RTI application with the statement that the RTI application is a misuse of the RTI Act and  harassment .

Later, reacting over the act of the CIC, an application was filed before commission 
demanding the name of the applicant whose RTI application was waved in full
 public view. The information seeker also sought title of the case with the query
 that since the CIC has already given his judgment and pre decided case and
 stated that it was a clear cut misuse of the RTI act and harassment to PIO.
 In this regard kindly intimate whether said applicant is eligible to file any 
appeal or complaint under RTI act if he does not receive the information.

t to the PIO.  In Reply having No SIC/PIO/CO/18/2013/550-52, the commission gave the  name of applicant   as Mohd Ayub Khan of Mahore, with the title Mohd Ayub Ayan v/s FAA &PIO office of Deputy  Commissioner, Jammu. Replying the query, the commission said that as regards alleged  pre-deciding or pre-judging the case, the information seeker is informed that factually the  commission has decided this 2nd appeal much before the programme held at Press Club,  Jammu vice decision No SIC/J/A/257/2012/399 which is self explanatory and available on  commission website. published in Early Times Plus, Newpaper on 11/July 2013 http://www.earlytimeplus.com/newsdet.aspx?q=7946

ADC Jammu takes commission for a ride, SIC orders enquiry

Mismanagement of RTI cell in DC office

Early Times Plus.

SUMIT SHARMA JAMMU, July 4: Deputy Commissioner, Jammu has been directed by State Information Commission (SIC) to hold an inquiry to fix responsibility of any official if found guilty of causing delay in furnishing the information to the information seeker and also initiate /recommend disciplinary action against the official concerned under Service Rules as applicable to him. The directions came following the allegations by the information seeker that the ADC Jammu, who happens to be the PIO mislead the commission. The RTI activist Raman Sharma R/o K-236 Mast Garh, Jammu moved an application dated 17-09-2012 under J&K RTI Act, 2009 before the PIO office of Deputy Commissioner, Jammu seeking the information including total number of licenses issued by District Magistrate Jammu under J&K Cinematography Act, 1989 to cinema theatres for public exhibition of films and movies for the last three years, details of action taken by District Magistrate, Jammu on violation of Sections 3, 4 and 5 of J&K Cinematography Act, 1989 during last three years, seeks the copy of list of members of Board of Film Censors along with their designations and tenure, as enshrined in J&K Cinematography Act, 1989, the list of orders along with numbers and date if any, passed by the State Govt. vide Sections 7,8 and 9 of J&K Cinematography Act, 1989. The information seeker in his complaint dated 14-02-2013 filed before the Commission and alleged that no information till date has been provided to him by the PIO and the PIO has also not intimated him about his right to file an appeal before the FAA. He further alleged that the situation created due to inaction on the part of PIO constrained him to file the complaint before the Commission rather than preferring an appeal before the 1st Appellate Authority. The information seeker also prayed that the Commission may after verifying the facts initiate appropriate action against the respondent as enshrined in the RTI Act. Dr Ravi Shankar Sharma, Addl. Deputy Commissioner, Jammu / PIO (Now transferred) appeared in person before the Commission and informed the Commission that the information was dispatched by ordinary post vide office letter no. DCJ/PIO/RTI/2012-13/3080 dated 17-10-2012 to the information seeker. He also submitted a letter bearing no.DCJ/misc//12-13/4693 dated 17-10-2012 addressed to PIO / Additional Deputy Commissioner, Jammu by Jr. Assistant Misc. Section containing the information as requested by the information seeker in his RTI application. Both these letters have been placed in the file for reference and record. Reacting over the reply, Raman Sharma, the information seeker, vehemently denied in his complaint the receipt of any such communication from the office of PIO / Addl. Deputy Commissioner, Jammu and alleged that the information had been deliberately denied to him. The Commission, keeping in view the sensitivity of the matter, directed Deputy Commissioner, Jammu to hold an inquiry in order to fix up the responsibility of any official if found guilty of causing delay in furnishing the information to the information seeker and also initiate /recommend disciplinary action against the official concerned under Service Rules as applicable to him. The Deputy Commissioner, Jammu is further directed to file compliance report to the Commission within one month from the date of receipt of this order. It is alleged that, though the direction was forwarded to DC Jammu for compliance of report, but commission remained at receiving end. The information seeker has applied to second appellant authority but here again after lapse of one month; the information seeker is waiting for justice. http://www.earlytimeplus.com/newsdet.aspx?q=7535    published in early times plus on 05/07/2013

NHRC seeks personal appearance of Union Home Secy, Chief Secretary

SECURITY OF J & K PANCHAYAT MEMBERS

JAMMU, 28/June/2013:  Taking serious note of non-compliance of its earlier order in case of security for Panchayats, the National Human Rights Commission (NHRC), invoking provisions of section 13 of the Protection of Human Rights Act, 1993 has now asked the top officers of Union Government and Jammu and Kashmir State to appear in person before it.

During the hearing of petition filed by Jammu-based RTI activist Raman Sharma demanding security for 33,000 Panchayat members of Jammu and Kashmir, the National Human Rights in its order (Case No. 334/9/13/2012 ) dated 12th June, 2013 has  directed the Union Home Secretary and Chief Secretary of Jammu and Kashmir State to appear in person before the commission on 24th September 2013.  Earlier in its order the commission had warned Union Home Secretary, Chief Secretary and Director General of Police of J and K to submit a detailed report over the issue of security for 33,000 Panchs and Sarpanchs or get ready to face section 13 of the Human Rights Act under which the NHRC can compel personal attendance of any officer/officials but none of the senior officer replied to the notice of commission.

The commission in its order has also specified the plea  of the petitioner Raman Sharma where he has  alleged that the 33,000 Panchayat members in Jammu and Kashmir have been threatened by the Hizbul chief Salahudin to submit their resignation, failing which to face the consequences. He has submitted that in spite of such threats the State Government and the Central Government did nothing  to provide security to these members.

The petitioner has also argued that if these Panchayat members succumb to the diktat of the terrorists, the institution of democracy will weaken therefore he has sought the intervention of the commission. NHRC order further reads as, “In spite of final reminder sent to the Secretary, Department of Home, Government of India and Chief Secretary, Government of Jammu and Kashmir, Srinagar, requisite reports have not been received. In the circumstances, the Commission is constrained to invoke provisions of section 13 of the Protection of Human Rights Act, 1993 and directs the Secretary, Department of Home, Government of India, and the Chief Secretary, Government of Jammu and Kashmir, Srinagar to appear in person before the Commission on the 24th September, 2013 at 11:00 AM along with the requisite reports”.

However the commission’s direction also states that in case the reports are received on or before 17th September 2013, the personal appearance of the officers shall stand dispensed with. The activist expressed gratitude to the commission for such a bold order. It is pertinent to mention here that till date six Panchayat members of the State have been killed by gunmen in different incidents and hundred others have submitted their resignations.

published in Daily Excelsior, State Times, The Tribune Early Times, JKnewspoint, Dainik Jagran, Northlines, Journey Line and many other newspapers.

http://www.dailyexcelsior.com/nhrc-seeks-personal-appearance-of-union-home-secy-cs/

http://www.statetimes.in/news/nhrc-seeks-personal-appearance-of-top-officers/

http://www.tribuneindia.com/2013/20130629/j&k.htm#8

Governor’s Secretariat slams its PIO for ‘ Vague ’ Order

Raj Bhavan  insists on explicit RTI Reply

Jammu, 20/June/2013: Slamming its own PIO, Public Information   Officer, the Jammu and Kashmir Raj Bhavan (Governor's Secretariat) has set aside the order of the PIO dated 12/March/2013 where the PIO has denied  information to the applicant, RTI activist Raman Sharma citing 'privilege'.

Navin K Chouhan,  Principal Secretary to Governor who is also  first appellate authority under  RTI Act has  not only set aside the order of the PIO/Deputy Secretary but has also termed the order as 'Vague'. Principal Secretary in his order no. 01/2013 dated 13/o6/2013 has stated 'As the PIO's order suffer from the defect of vagueness, his order dated march/12/2013 is set aside. The appeal order also states that the PIO's order should specific clause (s) of sub section 1 of section 8 of the RTI Act under which the appellant has been denied information and also explain how the information sought by the appellant falls within the  four corners of that specific provision(s).  The PIO's order should also specifically consider whether all the information sought by the appellant is exempted or only a part thereof is exempted from disclosure. If the information or a part thereof is not available or for any other reason cannot be provided the same should be explicitly spelt out in the reply to the appellant.  In the same order it has also been directed to the PIO to consider the appellant's request for information afresh in the light of the issues raised in the appeal order strictly as per the provisions of the RTI act and rules and make available revised consideration within a period of two weeks.

Giving brief about his appeal and RTI Plea Raman Sharma informed that he filed RTI application on 06/Feb/2013 to the PIO of the Raj Bhavan, seeking information about the total number of Individual/delegations who visited and met Honourable Governor during the period 01/Jan/2010 to Feb/2013 in  Jammu/Srinagar along with total number of memorandum/representations received by Rajbhavn or Honourable Governor in person during   the   same period.  His plea also wanted to know the procedure to seek appointment of meeting with Honourable Governor and procedure adopted to allow appointments. While expressing his gratitude to the First Appellate Authority of the Governor's Secretariat, the applicant has said transparency ensures bonhomie between the public institutions and citizens which is an essential ingredient   of democracy. 

http://m.risingkashmir.in/news/governor%E2%80%99s-secretariat-slams-its-pio-for-%E2%80%98vague%E2%80%99-order-49609.aspx 

Published in Rising Kashmir, Journey Line, JK Newspoint, JK Monitor and others.

32,000 passouts of JU waiting for Degrees

Jammu: In a reply to Right to Information Query the authorities of Jammu university have admitted that over 32,000 passouts including graduate and post-graduate candidate are waiting to get their degree  from Jammu University which includes students from 2006 to 2011 batch. The varsity has not issued  graduate and post-graduate Degrees to a total of 32,120 passout students from different streams the list includes 26,564 graduates and 5,556 post-graduate students who have not received their degrees since  2006-07 (Undergraduate courses) and 2010-11(PG Courses).

The information has been provided by the Public Information Officer of the Jammu University vide his office letter no. PIO/JU/13/7169 dated 29/May/2013 in response to application of RTI Activists Raman Sharma. While appreciating the Public Information Officer of the university for providing all the information, Raman said the reply is quite shocking. It is very unfortunate that the university which owns ISO status can be so careless and tardy in its action that it has not issued degrees to 33,000 successful candidates for  last 5 to 6 years. Today the institutions are awarding online degrees to the students but here in our state the people at the helm of affairs still lagging behind. As per the reply total number of successful candidates who have not been issued their graduation degrees from session 2006-07 onwards are 26,564 and  the total strength of post-graduate candidates waiting  for degrees from session 2009 onwards are 2,256 of session 2010 and 3,300 of session 2011, the RTI reply states. The reply also states that over 1100 students only from Women College Parade, Jammu have not been issued their Degrees who passed out in the year 2009. There are many other students who have not been issued their degrees by the JU.  

When the matter of pending degrees was brought to the notice of the Vice Chancellor’s Secretariat, the senior officers there immediately issued orders to the concerned department to clear the backlog without any further delay. In the meanwhile , the  RTI applicant has said he has also apprised the governor about the issues and has sought a direction in this regard . ‘A similar RTI application  was also filed with the Kashmir University on 04/April/2013 through Jammu and Kashmir State Information Commission but till no intimation in this regard has been received from there, Raman informed.  

(( Published in JK Newspoint, Journey Line, Amar Ujala, Dainik Jagran, Rising Kashmir, Times of India, The Tribune, Daily Udaan and many others.))
http://www.tribuneindia.com/2013/20130612/jmtrib.htm#1

http://articles.timesofindia.indiatimes.com/2013-06-11/news/39897886_1_jammu-university-degree-certificate-graduate

Rising Kashmir

The Tribune

Amar Ujala

Jk Newspoint

Direct Government to Accept RTI Fees by Electronic Mode: Activists to J & K CIC

J & K RTI activists have asked the Jammu and Kashmir State Chief Information Commission to direct the government and Public Authorities to accept RTI fees in electronic mode like E.IPO, Debt/Credit Card and other means of internet to pay the fees. In this regard the activists submitted a written submission to the J & K CIC on 10/May/2013 with their list of demands.

Jammu Kashmir Activists File RTI Pleas with State Political Parties

Jammu : Taking a stance of the recent order passed by the Central Information Commission to include National political parties under the ambit of RTI Act, the activists of Sangarsh RTI Movement Sd. Balvinder Singh (Convener) and Deepak Sharma today filed RTI application to three main State regional political parties of the state to make them also accountable under state RTI Act. While hailing the decision of the Central Information Commission to bring National political parties under the RTI Act 2005, the activists Sd. Balvinder Singh and Deepak Sharma shared that since the J&K State has its own RTI Aact and Information Commission , so the same order of Central Information Commission is not applicable for regional political parties of the state and the State Information Commission has no powers to act suo motto to declare these regional political parties as public authorities under State RTI Act unless any resident of the state approaches the commission in this regard .

The activists shared that  they have filed RTI application to three main political parties of the state namely National Conference, Peoples Democratic Party and J&K National Panthers Party and sought details which includes details of the donators who have given donation to these political parties during last 5 years , details of all the expenses incurred by these political parties for the last 5 years and details of  benefits enjoyed by these regional political parties in terms of office accommodations and income tax exemption .

The activists urged that all the regional political parties to which the RTI applications has been filed, should divulge the asked information under the provisions of the State RTI Act as it will give a clear message to other National political parties that J&K State regional political parties stands together for the promotion of accountability and transparency and shows no compromise in this regard. While appreciating the role of all these regional political parties for their contribution in the promotion of transparency in the state , especially to young and dynamic Chief Minister of the State Sh. Omar Abdullah , who is pioneer in bringing the State RTI Act in to a reality , the activists has hoped that without any prejudice all the regional political parties will welcome this move to bring them under the RTI Act ,as all these regional political parties have always remained in the forefront for the cause of RTI in the state. The activists also urged the regional political parties to suo motto disclose as much as information so that there is minimal resort to filing RTI. 

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Plea filed for bringing J&K parties under ambit of RTI Act 

Jammu: Amid a debate on CIC order bringing major political parties under RTI, activists here have filed a plea before the J&K Information Commission seeking that regional political parties of the state be brought under the ambit of the transparency law. "We hail the decision of the Central Information Commission (CIC) to bring national political parties under the RTI Act 2005," activists 

Balvinder Singh and Deepak Sharma of Sangarsh RTI Movement said today.  The activists said that they have filed a petition for bringing three main political parties of the state National Conference (NC), Peoples Democratic Party (PDP) and J&K National Panthers Party (JKNPP) under the ambit of state RTI Act. They said the order of the CIC is not applicable to regional political parties and the State Information Commission has no powers to suo motu declare these parties as public authorities under State RTI Act unless any resident of the state approaches the state Commission in this regard. 

Left to Right: Ms Mehbooba Mufti(PDP), Bhim Singh(Panthers Party), Omar Abdullah, (NC)

 "We have also sought details from parties which include their donors during the last five years, expenses incurred by these political parties for the period and benefits enjoyed by these regional political parties in terms of office accommodations and income tax exemption," the activists said and expressed the hope that the parties will support efforts to bring transparency in the system. 

http://zeenews.india.com/news/jammu-and-kashmir/plea-filed-for-bringing-jandk-parties-under-ambit-of-rti-act_853812.html

 http://www.jknewspoint.com/newsdet.aspx?q=15425

JK Activists Hail CIC’s Judgment

Political Parties under RTI: JK Activists Hail CIC’s Judgment

June 8, 2013

Srinagar:  The activists in Jammu and Kashmir state working for the promotion of Right to Information Act have hailed the recent judgment of the Central Information Commission where it had been ordered that the Political parties like BJP, Congress, BSP, NCP, CPI and CPI-M fall under the ambit of the act and where the heads of these political parties have been asked to designate public information officers and the appellate authorities as per the provisions of the Right to information Act2005.

In a statement issued to press, the activists have also congratulated the members of the  Association for Democratic Reforms (ADR) an NGO who took the issue of bringing political parties under RTI act to the Central Information Commission.    Demanding similar order from the J & K State Information Commission , the  activists have urged the  State Commission to direct all the political parties to designate PIO’s and follow all the provisions of the J & K RTI law. They have also asked the  Jammu and Kashmir government to reinstate Jammu and Kashmir Right to Information Rules 2010 which were unfortunately repealed vide SRO no 279 issued by the GAD on 30th Aug/2012. The joint statement has been endorsed by activist Balvinder Singh, Convener, Sangarsh RTI Movement, Dr. Shiekh Ghulam  Rasool, Chairman, JK RTI Movement, RTI Activist Raman Sharma, Deepak Sharma, Advocate Dewaker Sharma, Dr. Shiekh Ghulam  Rasool, Convener JK RTI Movement, Advocate Ashraf Wani Farooq Kuthu, Bilal Bhat, Tanvir Hussain Khan,  Rahil, Munish Sharma and others. 

http://www.globalkashmir.net/political-parties-under-rti-jk-activists-hail-cics-judgment/

Two Days State Level RTI Workshop Held in Jammu and Kashmir

Sangarsh-CHRI Conducted State Level RTI Workshop at Jammu

Jammu, 30/May/2013: Two days state level RTI training for trainers workshop concluded here, the program was organized by Sangarsh RTI Movement in collaboration with CHRI, Commonwealth Human Rights Initiative, New Delhi. In two days program the participants from different districts of the state including college professors, senior citizens, activists, ex-army officers, legal experts’ and students were provided section wise and rule wise information about all the aspects of the Jammu and Kashmir Right to Information Act 2009. As per organizers, the objective of conducting this workshop is to prepare more trainer and experts on the subject RTI so that they can further become ambassador of this transparency law and educate others about the same.

Wajahat Unveils RTI User Guide

After the RTI Workshop,  Wajahat Habibullah, Chairman of the National Minority Commission unveiled a book titled ‘Your Guide to Using the J K RTI Act ‘ authored by Venkatesh Nayak and Nandita Sinha from CHRI. On this occasion  Rehana Batool, Additional Deputy Commissioner Jammu, Nandita Sinha, Amikar Parwar of CHRI, Feroz Ahmad, retired IAS officer, Balvinder Singh, Convener Sangarsh RTI Movement, RTI Activist Raman Sharma, Darvinder Singh, Deepak Sharma, Rahil Gupta and Dr. Shiekh Ghulam Rasool, Convener JK RTI Movement from Kashmir were also present. Wajahat Habibullah while appreciating the Sanagarsh RTI Movement and CHRI for their effort of taking RTI to the people  and for launching the user guide also urged the participants to use the act for the public interest. On this occasion special guest, Rehana Batool, Additional Deputy Commissioner Jammu also assured the organizers to give  fullest support in their movement towards transparency. The members of the host organization, Sangarsh RTI Movement presented vote of thanks to the Chief Guest, Special Guest, Participants and other dignitaries present on the book release program.  

RTI Awareness Program held at Reasi

Jammu, 18/May/2013: Today, Youth Brigade Welfare Society organized one day RTI awareness program here for the general public where around a hundred people attended the program. Advocate Ajay Salalia, General Secretary  of Youth Brigade inaugurated the program with his welcome note, while speaking during the program he said on the request of the citizens and activists of the   district Reasi their organization decided to organize such awareness program on Right to Information Act. The  RTI experts   of Sangarsh RTI Movement from Jammu  including its convener Balvinder Singh and Raman Sharma were specially invitee on the occasion.   Convener Balvinder Singh while speaking on the occasion appreciated the team members of the Youth Brigade for their noble cause of educating the masses. He shared success various success stories of the RTI viz a viz of his organization and urged the people of the area to use this transparency for the welfare of the masses. Whereas RTI Activist Raman Sharma threw light on various provisions of the Central and State RTI Act. While underlining the importance of section 4 of the act, he asked the participants to press for implementation of section 4 of J & K RTI Act 2009. Later both the activists also interacted with the participants and also asked various queries posed by them. The program concluded with vote  of thanks by Rahul Jamwal, President of the Youth Brigade Welfare Sciety along with other team members including Vershel Gandotra, Vice President, Sudesh Sharma, Secretary, Sonali Pandoh, Legal advisor and Sudershan Singh.

http://www.jknewspoint.com/newsdet.aspx?q=14022

http://epaper.journeyline.in/epaperadmin/photos/large/4871319255201313409.jpg
http://www.dailyexcelsior.com/rti-awareness-prog-held/

published in JK Newspoint, Journeylines, Dailyexcelsior, State Observer, The Shadow, Jammu Express and others on 19/May/2013.

Journey Line

JK Newspoint

Raman Sharma

J & K: Misuse of RTI is a Hoax-- Nothing on Records to prove

State info panel caught on wrong foot over ‘misuse’ of RTI Act  

Arteev Sharma
Tribune News Service

Jammu, May 9
The State Information Commission (SIC) seems to have been caught on the wrong foot after it “perceived” that the Right to Information (RTI) Act was being “misused” and suggested that the “misuse can be checked if the information (sought by an applicant) is allowed to be accessed only for three years.”

The Commission said it had received several “verbal complaints” wherein Public Information Officers (PIOs) and other government officers said RTI activists were “harassing and blackmailing” them in the name of the RTI Act and there was a need to check such “malpractices”.

The Commission’s observation, however, has sparked a controversy after information seekers wanted to know how the RTI Act was being “misused” in the state.

During his visit to Aurangabad on March 10, the Chief Information Commissioner (CIC), J&K, G R Sufi, had said that “the way out (to check the misuse of RTI Act) could be if the information is allowed to be accessed only for three years to the public and later only if there is a judiciary requirement or any such important reason”.

Interestingly, on April 5 the Commission in response to an RTI application admitted that it had received no complaint “in writing” regarding the “misuse” of the RTI Act so far.

It also admitted that nothing exists in official records vis-à-vis any investigation done by it to access and establish the allegations that the RTI Act was being misused to harass officers or to blackmail anyone.

“None in writing” was the response of the Commission when it was asked as to how many PIOs and other officers had made written complaints that the RTI Act was being misused or some activists were harassing or blackmailing them. It also stated that no meeting so far had been convened to discuss and debate the misuse of the Act.

Raman Sharma, a Jammu-based activist who on March 11 filed an RTI plea seeking complete details about the number of written complaints made by PIOs regarding the misuse of the Act, alleged that it (SIC suggestion on March 10) was an attempt to weaken the Act, which had already been rendered a “toothless tiger” by the state government.

He said the Commission being a statutory body and custodian of the RTI Act needed to strengthen it. “On the contrary, it is bent on weakening the Act which is not good for society as a whole,” Sharma said.

A senior official of the Commission, who insisted on not being named, claimed it was not necessary that the complaint should always be made in writing.

“There could be no written complaint but there may be verbal complaints which may be looked into. The PIOs are reluctant to file complaints in writing and, at times, they convey their issues verbally. The Commission can take cognisance of verbal complaints,” he said.

He said the PIOs had no powers to ask an information seeker why he wanted information covering a long period (10 to 40 years), but the Commission could pose queries in this regard.

“There are implied powers, instead of expressed powers, with the Commission to question the RTI activists (on seeking information covering a long period),” the official said. If the Commission could tighten the noose around PIOs, the applicants must also be held accountable, the official added.

The CIC in his single line response maintained, “It was my personal opinion and it is up to government to make any such amendment.” 

No plaint on ‘misuse’ On March 10, the Chief Information Commissioner (CIC), J&K, G R Sufi, during his visit to Aurangabad had said that “the way out (to check the misuse of RTI Act) could be if the information is allowed to be accessed only for three years and later only if there is a judiciary requirement or any such important reason”. On April 5, however, the State Information Commission in response to an RTI application filed on March 11 admitted that it had received no complaint “in writing” regarding the “misuse” of the RTI Act so far. Published in the Tribune: http://www.tribuneindia.com/2013/20130510/j&k.htm#3 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- Here is the copy of the RTI application filed by Raman Sharma APPLICATION UNDER JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009 To The Public Information Officer, J & K, SIC, Jammu. R/Sir, Kindly provide me following information under the provisions of Jammu and Kashmir Right to Information Act 2009. I am a permanent resident of the state and RTI fees of Rs 10/- attached herewith as Indian postal order vide no.08F 861556_____________________. Note: As per media reports, recently Honourable Chief Information Commissioner Sh. GR Sufi has made a statement there in Aurangabad while speaking at a meeting at Dr Rafiq Zakaria Campus. It is being published in the media that he has suggested that misuse of RTI act can be checked if a provision is made in the law that any information or record would be open for access to public only for 3- three years. Information Sought 1. As per the official record of the J & K State Information Commission, the visit of the Honourable Chief Information Commisisoner to Aurangabad was an official visit or Personal. 2. How many /PIO's/ other officers from J & K so far have made any written complaints to the State Information Commission allegeing that RTI Act is being misused or some RTI users are blackmailing the officers or harassing them. 3. Copies of all the written complaints submitted by the Public Information Officers or any other Officers where it is being informed to the Honourable CIC or any other IC of the JKSIC that RTI Act is being misused. Also provide copies of all communications/directions/suggestions made by HCIC or IC's in this regard to the respective officers. 4. Total number of meetings convened in or by the Jammu and Kashmir State Information Commission to discuss and debate the issue of Misuse of RTI Act in J & K. please provide copies of minutes of all such meetings. 5. As per official record of the State Information Commission, has any research or investigation is being done by the State Information Commission to access and establish the allegation that RTI Act is being misused to harass officers or to blackmail anyone. 6. Kindly provide the copy of any research document or any other investigation report initiated/carried out by the jammu and Kashmir State Information commission to access and establish the fact that RTI Act is being misused to harass officers or to blackmail. 7. Provide copy of all the facts/findings/Statements available with the State Information Commission where it is being established that Information seekers in the state are violating the provisions of the Jammu and Kashmir RTI Act 2009. 8. As per the official record available with the state Information Commisison, intimate total number of RTI users being harrassed/threatened/thrashed/attacked by private individuals or government officers in state of Jammu and Kashmir. 9. Total number of Requests recieved by the State Information Commission from the Information Seekers/citizens where they have prayed for safety and security for their lives. please provide copies of all such requests and also the action taken by the state information commission in this regard. 10. kindly intimate details of steps been taken by the State Information Commisison to ensure safety of RTI users. 11. Total number of Cases where Honourable CIC or IC's have recommended penalty against any officer for not following RTI Law. Please provide certified copies of all such recommendations. 12. Total number of Cases where Honourable CIC or IC's have recommended discplianry action against any officer for not following RTI Law. Please provide certified copies of all such recommendations. 13. Provide certified copies of summons if any issued by Honourable CIC or IC's against any officer so far. 14. As per the records/information available with the state information commission, intimate total number of Public Authorities that have yet not published suo-moto all the releveant information under Section 4 of Jammu and Kashmir Right to Information Act 2009, which they were suppose to publish within 120 days from the date of implementation of JK RTI Act 2009. 15. As per the records/information available with the state information commission, intimate total number of Public Authorities that have published releveant information under Section 4 of Jammu and Kashmir Right to Information Act 2009 after the intervention of Jammu and Kashmir State Information Commission. 16. Detail of action taken by the State Information Commission against all such departments who have violated the provisions of section 4 of Jammu and Kashmir RTI Act 2009. 11/Mar/2013, Jammu    Applicant, Raman Sharma.