Inviting Tragedy

Awaiting  Tragedy                                                                                           Construction of Bikram Chowk Flyover on Without Any Safety Measure

Bikram Chowk Flyover Bridge Construction                                             

Administration Closes Eyes, No Safety  at Construction Site

Jammu, 28/Apr/2016:Taking no cue from the Kolkata flyover bridge collapse that took lives of at least 21 innocent civilians on 31^st  March this year, the Jammu and Kashmir government and especially the local officers of the administration have closed their eyes as they are not paying any heed to the ongoing construction of flyover bridge at ever busy Bikram Chowk-Satwari Road of Jammu where the construction is in full swing but there are no safety guidelines followed.

The necessary safety arrangements have not been done, the vehicular traffic has not been diverted and everyday thousands of vehicles besides pedestrians pass through this construction site risking their lives.

Weighing 100s of tons of under construction pillars and concrete slabs are erected at the construction site and the innocent citizens in Vehicles and on foot are passing through this  it just inches away.

There are no safety norms followed by the construction company nor any other officer or official of any government department remain present there on the site to at least keep people away from this gigantic and  colossal construction material hanging in the air.

Though a petition in this regard was also submitted to the deputy commissioner Jammu copied to SP-City South, SDPO City South and SHO Police Station Gandhi Nagar, Jammu wherein RTI activist Raman Sharma has asked the authorities to take necessary steps in this regard. He has submitted to the district magistrate “ As you are well aware that the Construction of Bikram Chowk, Fly Over Bridges is going on & the department of traffic police has not diverted the traffic to any other route therefore thousands of vehicles & pedestrians cross this construction site of the flyover bridge”.  The petitioner besides blaming  the private Construction Company has also raised the issue of the negligence of the Economic Reconstruction Agency(ERA),   “This is really astonishing that neither the private construction company nor the ERA(the govt agency) took any Safety measures to ensure compliance of SOPS, Standard Operating Procedures & safety guidelines of civil constructions on a Public Place”, his plea to the DC reads.

Sharma has stated that there is hardly any arrangement made by the construction company to keep people away from the construction site, the under construction slabs & heavy pillar structure of the bridge passes through the main road & there is free movement of vehicular traffic.

While expressing concern, the activist has prayed to the DC to take immediate cognizance of the issue “ God forbids but if any vehicle even in low speed touch these under construction pillar & slabs there may be huge loss of precious human lives” he feared.

The petition was submitted in the DC office and other offices on 22/April under a proper receipt but even after loss of almost a week’s time no action yet been taken to ensure safety of the citizens.

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To                                                                                         

                                                                                       MOST IMPORTANT/URGENT

The District Magistrate,                                                                                     22/04/2016

Jammu.

Subject: Criminal Negligence of the Construction Company / Risk to Lives of Citizens near the construction site of under Construction FlyOver Bridge from Bikram Chowk towards Satwari .

Respected Sir,

I am a resident of Jammu and through this petition seek your kind intervention at an earliest, as the matter relates to precious lives & safety of innocent citizens. The details are as follow:

As you are well aware that the Construction of Bikram Chowk, Fly Over Bridges is going on & the department of traffic police has not diverted the traffic to any other route therefore thousands of vehicles & pedestrians cross this construction site of the flyover bridge.

This is really astonishing that neither the private construction company nor the ERA(the govt agency) took any Safety measures to ensure compliance of SOPS, Standard Operating Procedures & safety guidelines of civil constructions on a Public Place.

There is hardly any arrangement made by the construction company to keep people away from the construction site, the under construction slabs & heavy pillar structure of the bridge passes through the main road & there is free movement of vehicular traffic.

God forbids but if any vehicle even in low speed touch these under construction pillar & slabs there may be huge loss of precious human lives.

We all are well aware of the recent tragic incident there at Kolkata (West Bengal) where a flyover bridge collapsed causing loss to dozens of lives.

Hope, you take cognizance of this petition & direct the concerned authorities to take necessary steps so that no untoward incident happens.                                           

                                                                                                                        Yours faithfully,                                                                                                                   

                                                                                                                      

                                                                                                       Raman Sharma,

                                                                                                                          [  Applicant    ]

Applicant: Raman Sharma, 236,Mast Garh, Jammu 180001.

Mob: 9796811012, e,mail: jkrtiact@gmail.com.  

Copy to:  Worhty SP South,  SDPO-Gandhinagar,  SHO , Police Station:  Gandhi Nagar,                                         In-charge P/P: Ware House,    Jammu.

                                                                                                                        Raman Sharma.

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Jammu University students seeks NHRC intervention on NIT Srinagar

NIT Srinagar Row

Jammu University  students seeks NHRC intervention on NIT Srinagar 

 Threats to Non-Kashmiri Girls: JU LaW Students’ Plea to NHRC

Jammu, 11/April/2016: The issue of brutality against the non-local students at NIT Srinagar have  finally reached the National Human Rights Commission with the plea of Law students of Jammu University. In a petition addressed to the Chairperson of the National Human Rights Commission, the students have asked the Human rights panel to send a fact finding team to NIT Srinagar to interact with the students to find their grievances and for allowing media to enter the NIT Campus. The petitioners have urged the apex rights body to issue appropriate directions to the J & K Government to take strict action against the police officials who used cruel and brute force against non-Kashmiri students.The  petitioner-students citing threat of security and personal safety of non-local students there at  NIT Srinagar who  have been virtually made state’s prisoners and are confined in the campus without their will and choice have urged the NHRC to ensure their safe return to their homes.The state of affairs and security situation of students is so worse and serious that non-Kashmiri girl students are even threatened of rape and molestation. The media is not allowed to enter the NIT Srinagar campus which further exposes the State’s intention to stifle the lawful voice of non-Kashmiri students. The non- Kashmiri students have been beaten mercilessly and treated with brutality by the J&K Police personals, which further has aggravated the miseries  of students and has  created an atmosphere of terror and fear for the non-Kashmiri students inside the NIT Srinagar campus, read the petition. The plea also mention the threats of rape and molestation to the non-local students who are harassed in the campus. It is being submitted that the non-Kashmiri students are not allowed to interact with the media and the state government is also misleading where at one hand it saying the situation under control and on the other hand it has imposed civil restrictions under prohibitory  order using section 144 inside the campus violating the constitutional rights of the students.Giving chronological background of the incident to the human rights panel, it  have been informed “This all started on March 31, 2016 when a clash took place between the Kashmiri and non-Kashmiri students after the end of cricket match between India and West Indies. The non-Kashmiri students were assaulted which resulted in injuries to some non-Kashmiri students.  That on 5th of April 2016, the non-Kashmiri students held a peaceful protest inside the campus against the assault but the Personals of J&K police used cruel and brute force against the peacefully protesting non-Kashmiri students, which resulted in grievous injuries and fractures to many non-Kashmiri students”.          The petitioners have also demanded immediate registrations of FIRs on the statements of the non-kashmiri girls on their allegations of rape threats by the miscreants. The petition is jointly signed and endorsed by Law Students of Jammu University namely Harsh Dubey, Deepak Sharma, Alok Singh Chib, Dinesh Kumar, Vishav Sharma, Kulveer Singh Parihar, Manmohan Kumar, Hiteshwar Kesar, Sohit Lalal, Aakash Manhas, Karan Kapoor, Prashant Jiyal and others 

J & K: BSNL gets Over 5700 Complaints in Less than a Year

Poor Mobile Connectivity

Jammu, 16/04/2016: Bharat Sanchar Nigam Limited, BSNL in an RTI reply has admitted that it has received over 5000 complaints from mobile subscribers across the state of Jammu and Kashmir.

In an RTI reply to the information seeker RTI activist Raman Sharma the DGM(CM) cum Public Information officer of the BSNL informed that during 11 months’  period from April-2015 to Feb-2016, the total number of complaints received by the company is 5780, during this period, 563 complaints of Call drops and 5217 regarding poor network connectivity were received.  

In the communication letter sent by the BSNL to Sharma vide their letter no. 1-288/DE/Plg//RTI Cases/2010-11/24 dated 29/03/2016, the PIO has also informed that as on date there are total  12,58507 registered mobile subscribers with the  company in Jammu and Kashmir including  973684 pre-paid connections and 284823 mobile subscribers.

The RTI reply also states that during the financial year 2014-15, at least 526 mobile subscribers moved to other companies using mobile-portability facility and during the financial year 2015-16 the number of mobile subscribers shunned BSNL gone more than double and during the last financial year, 1123 Mobile subscribers preferred other companies using Mobile Portability service.

The year wise information provided by the BSNL also reveals slow pace of  growth of the company in Jammu and Kashmir, in long time of even 5 years BSNL added less than 3 Lac new mobile subscribers in all 22 districts of the state.

Shockingly the data reveals that in the Financial year 2014-15 the company lost at least 10,000 mobile subscribers, in the year 2013-14 BSNL had 926045 pre-paid and 248208 post mobile subscribers (total 1174253) that witnessed a steep downfall and in the year 214-15 the company had only 887713 Pre-paid and 275829 post paid subscribers a loss of total 10,711 subscribers.

Interestingly, during last 2 years 7757 mobile  subscribers shifted to BSNL network using mobile portability, 1873 in financial year 2014-15 and 5884 in 2015-16.

Raman Sharma, the information seeker also informed that BSNL has denied him information regarding total amount of money it earned by selling Vanity/VIP numbers and also information regarding the detail about vanity numbers given free of cost by the company and for it he would be submitting proper appeal before higher authorities of the company.   

Attached Link : http://jkrtiact.blogspot.in/2017/04/500-new-subscribers-join-bsnl-everyday.html

 

Technical Education Department trashes Raj Bhavan's Directive

Technical Edu Deptt mum over procurement delay Babus trash reminders of Guv's Secretariat Akshay Azad Early Times Report JAMMU, Apr 1: Ignorning directives of even Governor's Secretariat, few officials sitting inside the civil Secretariat appear to have even forgotten the bureaucratic courtesies like issuing acknowledgment of the communications received from the Raj Bhawan. As per the documents in possession of Early Times, one such example is Jammu and Kashmir Technical Education department. On 22nd of December 2015, Additional Secretary to Governor vide Raj Bhawan's letter no 965(G)Apl/15/6425 addressed to Commissioner/Secretary of the Jammu and Kashmir Technical Education Department had asked him to submit a report to Raj Bhawan on or before January 10, 2016. The Governor office had sought report from Technical Education, over a plea of RTI activist Raman Sharma who had earlier submitted a complaint to the Raj Bhawan regarding the delaying procurement of essential and modern machines for the ITI and Polytechnic Colleges of the state despite having adequate funds by Technical Education Department. RTI activist, Raman Sharma's complaint was based on Early Times news report published on December 11, 2015 titled "Technical Edu Deptt takes years to procure machinery- Skill Development mission a farce". Taking cognizance of the complaint, though the Raj Bhawan had asked the Commissioner/Secretary to submit a report by 10th of January but the Technical Education department remained in deep slumber and neither conduct any probe in the matter nor send any not response to the Governor's Secretariat. Moreover, understanding the bureaucratic attitude, Raj Bhawan once again after almost two months later sent a reminder to the Technical Education Department on 16/Feb/2016 (Reminder letter no. GS-965/G/APL/2015-16/2039 and asked it to submit the report within ten days. In an RTI reply dated March 8, Raj Bhawan have intimated that the report in the matter is still awaited. Earlier this newspaper, in a report on the issue regarding delay in procurement of items there in the Technical Education Department, have revealed that how did the department deliberately not finalized the tender and choose re-tendering for procurement of 106 machines for sewing trade (valuing Rs. 42000 each) as these tenders were floated over 14 months back & the delay was deliberate just to favour their favourite firms without caring the fact that the delay would result in cost escalation of the product if new tenders are called. It was also reported that how did the state level purchase committee, had reportedly earlier approved the quality and rates of these high speed, single needle industrial use sewing machines (valuing Rs. 42000 each) & for which even the samples were approved by the SLP did not place order despite having adequate advance funds in hand. "Moreover even today a sample of this high-tech machine is lying in the polytechnic college, Jammu", sources said. Sources further alleged that without any argument, State Level Purchase Committee was reportedly once again mulling to float re-tenders for purchase of these machines at much higher rates just to favour some favourate firms. " published in Early Times  dated  02/04/2016 http://www.earlytimes.in/m/newsdet.aspx?q=173050

‘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.  

Published in Rising Kashmir on 15/March/2016

: http://www.risingkashmir.com/news/rti-exposed-several-scandals-in-jk/

Prayer to Honourable Chairperson, Rajyasabha

Prayer to Honourable Chairperson Rajya Sabha about Allged Defaulter M.P

SAMPLE RTI APPLICATION

ONE DAY RTI WORKSHOP AT JAMMU

Jammu, 13/Feb/2016: JK Against Corruption, a Non-Governmental Organization today organized a One Day RTI Awareness workshop here in the organization office at Kacchi Chawani, Jammu to train its members and other members of civil society to know the functioning of RTI {Right To Information} and its benefits in bringing transparency.

The key speaker RTI Activist Raman Sharma elaborated various sections and provisions of the Right to Information Act and asked the participants     to exercise their right to know to unearth corruption related activities in     the system. Raman Sharma also shared many successful stories of this Transparency    in brining accountability in Jammu and Kashmir.

He also replied various queries raised by the participants and assured fullest assistance to them in future also whenever required.

Vikram Singh Bhadwal Chairman of JKAC presented vote of thanks and reiterated the commitment of their organization to take on corrupt and dishonest bureaucrats, he urged the civil society to come forward and strengthen this people friendly act in the State. The JKAC Chairman also highlighted the urgent need of Whistle Blowers Protection act in the state for safety and security of the activists. Copies of the RTI Act, Indian Postal Orders and Sample RTI Applications were also provided to the participants. On spot applications for different departments were also drafted on the occasion.

Prominent amongst those who were present on the occasion include Rajan Gupta, Bipan Singh Bakshi, Amit Magotra, Hardeep Singh, Sanjeev Sharma, Jasmeet Singh, Kuldeep Gupta, Neelam Sambyal & Vikrant Singh.

Honour the Citizens’ Right !

Let the Citizens’ Exercise their Right Without any Prejudice.

RAMAN SHARMA

Recently, the Jammu and Kashmir State Information Commission in a judgement has advised an information seeker to apprise the commission about the usage of all information he has so far received under the Right to Information Act.

Despite having highest regard and respect for the institute of State Information Commission I beg to differ with the judgement, in the light of the section 6(2) of Jammu and Kashmir Right to Information Act 2009, the order of the commission does not concur with it.

RTI Act is the only law (amongst thousands other laws) in the independence history of India and of course in Jammu and Kashmir as well where the citizens have been put first before the officers /government and where they have been allowed to exercise their right without much formalities and legal technicalities. And it is the only law where a citizen is not required to give any reason for seeking any information from any Public Authority.

The RTI Act was enacted to empower the citizens to bring a practical regime of Transparency and Accountability in the system. The right to seek information should never be seen as a instrument by the citizen to interrupt/interfere in the official procedures of the government but the citizens has the right to know because the government is by them, for and of them so why should they give any reason for seeking information and even after seeking information why should they be compelled to tell anybody that for what purpose they have collected the information. In case of Parliamentarians and State Legislatures, they are also not required to give any specific reason for seeking the information nor they are compelled to tell the parliament or state legislature the usage of such information thereof.  Same way a tax payer; and by the way in India every person is tax payer, whether direct tax or indirect tax (in shape of sales tax etc), has the right to know what the government is doing with his money.

If for instance, for my personal knowledge  which I may not use anywhere, I file an RTI application with the Jammu and Kashmir State Information Commission and wants to know the total number of appeals and complaints the commission has disposed of and in how many cases the commission has imposed penalties on the erring officers,  now should I first tell the commission that for what reason I am seeking the said piece of information or after getting the information should I tell the commission that I gathered that information just for my personal knowledge.

The order of the commission (in case of Ayub Ayan Vs SDM, Tehsildaar,  Mahore) where the RTI Commission has asked the appellant to apprise the commission about the use of information gathered by him is against the basic principle of right to Freedom of Speech and expression. Every citizen has the right to know and this right to know cannot be confined only for few hundred parliamentarians or for government officers alone, the information with the government must be shared suo-moto but when the government itself fails to share the information with the citizens only then they resort to file formal RTI applications along with fees.

The Commission has cited the  preamble of the RTI Act to support its judgement where the appellant/information seeker has been asked to tell the commission about the use of information  gathered under RTI, the commission cannot cite the preamble of the act whereas the question is very well settled with a specific section 6(2) of the Jammu and Kashmir Right to information Act 2009, that states “  An  applicant    making   request   for  information    shall   not  be required  to give any reason  for requesting   the  information   or any other personal  details  except  those  that may  be necessary   for contacting   him”. The Jammu and Kashmir State Information Commission is itself constituted under section 12 of the act and therefore the commission has no power whatsoever to blatantly defy the provisions of the act and it must act within the walls of the stipulated law. The commission before making such order that may put the life of an information seeker under risk must ensure adequate security and guarantee that Commission would take care of security of life of the information seeker, his family and his belongings.

The past record of the Jammu and Kashmir State Information Commission in cases of  complaints of threat to the lives of information seeker has remained unsatisfactory, the commission has failed to ensure a sense of security amongst the information seekers, though it is also true that under the RTI Act the commission has no authority to take care or direct the police authorities to provide security to the whistle blowers but if the commission had shown same passion as it shown in case of Ayub Ayan Vs SDM,Tehsildaar Mahore then for ensuring security of whistle blowers also, the commission would have cited preamble of the RTI Act but it did not referred the preamble . The commission cannot be selective while using the powers under the garb of preamble of the act.

The Commission should also understand that providing information to the citizen is not a charity or donation or aid by the government to the citizens but it is a fundamental right of every citizen to get all the information with the government without any hassle and only that information should be denied which can compromise the national security/integrity or sovereignty of the nation or which is exempted under section 8 and 9 of the Right to Information Act. About Raman Sharma, he is an RTI activist and can be reached [a] jkrtiact@gmail.com.