Tribune News Service
New Delhi, April 30
The Central Information Commission (CIC) has advised the Jammu and
Kashmir Chief Minister to bring an amendment to the State Right to
Information Act, 2004, and bring it in conformity with the RTI Act,
2005.
The CIC's decision has come on an application made by R.C. Pandita, a
resident of Roop Nagar, Jammu.
Pandita moved an application to the President's Secretariat in July
last year, seeking information on Jammu and Kashmir's ranking as the
second most corrupt state in India.
When he did not hear from the President's office, he moved the
Central Information Commission.
In response to a notice issued by the CIC to the President's
Secretariat, central public information officer Nitin Wakankar described
Pandita's complaint to the CIC “premature'' and said that the
complaint is liable to be dismissed and the notice sent to him be
withdrawn.
At the same time, the CPIO attributed the delay in reply within the
stipulated time under the RTI Act to a clerical error.
Regretting the error, the CPIO explained that Pandita's letter was
put on file without realising that it was in pursuance of the RTI Act,
2005. The said clerical error occurred since the earlier letter from
Pandita addressed to the President of India had already been sent to the
state government concerned for appropriate action.
The chief information commissioner Wajahat Habibullah has observed
that although J&K has a Right to Information Act, 2004, it is
regrettable that citizens in that part of India are denied the benefits
of the Central Right to Information Act, 2005, available to their fellow
citizens.
Habibullah’s decision reads, "The Chief Minister of Jammu and
Kashmir would be well advised to bring an amendment to the J&K RTI
Act 2004 bring it in conformity with the RTI Act, 2005, guaranteeing to
all citizens residing in J&K the basic liberties to which all
Indians except those dealing with the state government of J&K have
come to acquire the right.’’
In his decision, the chief information commissioner has directed the
CPIO in the President’s Office to inquire into the failure, fix
responsibility and initiate action under Section 20(2) of the Act
against the delinquent and intimate to the CIC within 20 working days.
