RTI Act in J&K;  ignorance is bliss, stonewalling at every land

By Ravi Krishnan Khajuria

JAMMU, May 21

Perceived to be a revolutionary act in the Indian democracy directly associated with the people to empower them and to bring transparency and accountability in the system, the Jammu and Kashmir Right To Information (RTI) Act 2004 has so far been a casualty in this strife-torn state.

Though a handful of RTI crusaders in the state have been trying hard to extract information via J&K RTI Act 2004 from various government departments including the General Administration Department (GAD) but their endeavours so far have gone down the drain.

Further, what makes things worse for such RTI crusaders is virtually no publicity to the Act and rules framed there under for its implementation. The dilly-dallying tactics of government officials on false pretexts and sometimes distorted information adds to their mental agony.

Though people seeking information under the state RTI Act from different departments can be counted on finger tips but even they do not know about the prescribed format to move the application and treasury head under which fee has to be remitted.

However, talking to the Kashmir Times, State Law Secretary AH Kochak said, "In the rules framed under the J&K RTI Act 2004, Form 'A' has been appended. An applicant seeking information has to apply on this form along with a nominal fee."

Rejecting the claims that government has not done enough for generating awareness among the people, he said, "A lot of exercise was done through print and electronic media."

To another question, he said, "Applicant can also affix Rs 5 revenue stamp on prescribed format and it is not mandatory that he or she has to remit treasury receipt."

State Advocate General Mohammed Altaf Naik said, "Once an act comes into force, rules are framed subsequently for its implementation and the state government responsibility is to publish them in government gazette."

"There are several laws enacted for the welfare of people and once the rules to an act appear in government gazette, the responsibility of the state government ceases," Naik added.

The Advocate General further said, "Similarly, centre's RTI Act 2005 and its rules framed there under too have not received wide publicity."

However, a state high court lawyer admitted that the J&K RTI Act has been rendered ineffective because of widespread confusion among the people, government officials and even the legal fraternity owing to less publicity given to it and its rules by the state government.

"State government in the interest of people can go for wide publicity of this act and its rules so as to remove their apprehensions," he said.

He further said, "Applicants, who muster the courage to use the Act for seeking information, submit simple applications only to be informed by the concerned department head after 30 days or even more that he or she has to move the application on prescribed Form 'A'.

"Applicants also face another problem when officials at the government treasuries ask them about account head for nominal fee, which has to be entertained under J&K RTI Act 2004," he said, adding "the Act so far has been a casualty to confusion and red-tapism."

Nonchalant attitude of those at the helm of affairs in government can be gauged from the fact that after an e-mail of Dr Raja Muzaffar Bhat was entertained by the State High Court as Public Interest Litigation (PIL) on March 30, 2007, the General Administration Department on April 4, 2007 responded to his (Bhat's) application submitted to it under J&K RTI Act on March 1, 2007 only to say "applicant has to apply on prescribed format and also deposit fee under rules."

The e-mail was sent to the State High Court after various government departments including the GAD either provided imperfect information or simply did not deem it fit to respond to his applications.

Accepting the e-mail as PIL, Division Bench of the State High Court on March 30 this year issued a notice to the Chief Secretary C Phunsog asking him to explain why the RTI Act has not been implemented in the state in letter and spirit.

In instant case of GAD, the applicant-Dr Raja Muzaffar Bhat from Budgam vide his application number DO/CC/15-2007 dated March 1, 2007 had sought information under the state RTI Act about action taken by the government for sanction to prosecute corrupt ministers, politicians and bureaucrats under section 6 of Prevention of Corruption Act.

However, no information whatsoever was provided to him within fixed time frame of 30 days prescribed under the Act and it was only after the Division Bench comprising the then Chief Justice Bashir Ahmed Khan and Justice JP Singh accepted his e-mail as PIL, GAD (Vigilance) hurriedly dashed off a letter number GAD (Vig) 50/Misc/2007 dated April 4, 2007 to the applicant.

Exactly after 34 days of his application submitted to GAD and four days after State High Court entertains his e-mail as PIL, Dr Bhat gets an official letter from GAD (Vig) on April 4 that says "you have to apply on prescribed format and also deposit fee under rules."

It may be mentioned here that under the state RTI Act, information sought has to be furnished within 30 days after receipt of the application along with fee under rules.

In a fix he says, "after over one month I get a letter from GAD telling me in not more than three lines to apply on prescribed format besides depositing the fee under rules."

Showing receipt of money order worth Rs 5 as fee remitted under rules to the Commissioner Secretary GAD, he says, "GAD (vigilance) has not apprised me about prescribed format."

Dr Bhat vide his application number DO/CCC/10-2006 dated October 12, 2006 addressed to Commissioner Secretary GAD Khurshid Ahmed Ganai, application number DO/CCC/42-2006 dated November 24, 2006 addressed to Chief Secretary C Phunsog and application number DO/CCC/42-2006 dated November 24, 2006 addressed to the Chief Minister Ghulam Nabi Azad had requested them to furnish information under the RTI Act about action taken against corrupt ministers, politicians and bureaucrats.

He had specifically demanded the information after State Vigilance Oragnisation and State Accountability Commission named some ministers, politicians and bureaucrats in different scams like jute mat scam, rural electrification scam, Sidhra land scam, rural sanitation scam.

Disappointed over apathetic attitude of state authorities, he then approached Chief Information Commissioner of India Wajahat Habibullah, who in his reply dated December 17, 2006 explained that he has jurisdiction over central government organizations in the state of Jammu and Kashmir.

It may be recalled here that Finance, Law and Parliamentary Affairs Minister Tariq Hamid Qarra on January 6 this year had assured framing of a committee under law secretary.

He had assured that changes recommended by the committee, if needed, in J&K RTI Act 2004 would be made to make the Act an effective tool to ensure accountability and transparency in the state administration.