Authorities deny information about encroachments of KPs’ properties
*Says public authorities must assume proactive role
Mohinder Verma
JAMMU, Dec 10: Taking serious note of denial of information about the lands/properties belonging to the Kashmir Pandit migrants, the Central Information Commission (CIC) has issued show cause notice to Under Secretary, Revenue Department and Central Public Information Officer (CPIO) through Commissioner Secretary, Department of Revenue, J&K Government before initiating penal action as per the provisions of the Right to Information Act.
Moreover, the Commission has reiterated that the public authorities must assume a proactive role in the implementation of the provisions of the Act to ensure transparency, accountability and citizen-centric governance.
As per the details of the cases before the Central Information Commission, applications under RTI Act were filed on May 18, 2021 and August 23, 2021 respectively seeking information about encroachments of Kashmiri Pandit migrants’ lands in Tehsil Chadoora of Budgam district and steps taken to retrieve the same. However, no information was received from the PIO as such complaints were filed before the Central Information Commission.
It was submitted before the Commission that information sought in instant cases was of great public interest for displaced Kashmiri Pandits and prayers were made for taking action against the erring CPIOs for violation of the provisions of the RTI Act, 2005 for deliberately obstructing the dissemination of information.
Aadil Farid, ACR (Kashmir Division) and Mohd Amir Malik, APIO participated in the proceedings before the CIC and submitted that the RTI application was transferred vide letter dated 31.05.2021 to the Revenue Department, Budgam for further action. However, they failed to place on record of the Commission the copy of the letter and remained largely unaware on the action taken by the transferee department on the RTI application of complainant.
They apprised the Commission that the information could be accessed from the “Kashmir Migrants Immovable Properties/Community Assets Related Grievance Redressal System” which was put in place by the J&K administration to expeditiously resolve the grievances related to Kashmiri migrants’ immovable properties.
In another case, Mustakh Ahmed, Under Secretary/ CPIO (Revenue Department and Javed Iqbal, Technical Officer feigned ignorance and submitted that the RTI application was traced a day prior to the date fixed for hearing, therefore, reply could not be provided to the complainant. On being questioned about the inordinate delay in tracing the application, they failed to furnish any plausible explanation.
“In a nutshell, respondents were oblivious of the contents of the RTI applications and there was nothing on record to show that any effort was made by them after receiving the notice of hearing to trace the alleged RTI applications”, the Chief Information Commissioner Y K Sinha observed, adding “complainants raised substantial queries related to lands/properties belonging to migrant Kashmiri Pandits and other allied matters which remain unanswered till date. Equally dismaying is the fact that the Kashmiri Pandits, who suffered the brunt of displacement, are now on the verge of losing their rightful property”.
“In order to protect their legitimate interests, effective and easy access to information pertaining to their properties is not only essential but should be upheld by the concerned public authority. In the cases at hand, the respondents have failed to furnish information even after a lapse of one year”, Sinha said, adding “the information sought under the RTI Act, 2005 is a formidable tool which facilitates the citizens in airing their grievances systematically. According to the Statement of Objects and Reasons, the intent and purpose of RTI Act, 2005 is to secure access to information in order to promote transparency and accountability in the working of every public authority”.
The CIC further said, as the well-known adage goes “sunlight is the best disinfectant” and effective access to the information is a pre-requisite in order to bring in transparency and accountability in society. “The conduct of the respondents is against the spirit of the RTI Act which was enacted to ensure greater transparency and effective access to information. The public authorities in the instant cases ought to have taken immediate steps to make available the information sought by the complainant to salvage the properties of migrant Kashmiri Pandits from being trespassed and encroached upon”, the Chief Information Commissioner further said.
“From the facts on record, it is evident that no action has been taken on the RTI applications till date as such the Commission cannot remain a mute spectator as such complaints are maintainable”, the CIC said. Accordingly, the Commission issued show cause notice to Under Secretary, Revenue Department and CPIO in the office of Commissioner Secretary, Department of Revenue, J&K through Vijay Kumar Bidhuri, Commissioner Secretary.
“These officials are directed to show cause to the Commission explaining why penal action should not be initiated against them for not complying with the provisions of the RTI Act, 2005”, read the order, the copy of which is available with EXCELSIOR. The Commission has reiterated that the public authorities must assume a proactive role in the implementation of the provisions of the RTI Act, 2005 to ensure transparency, accountability and citizen-centric governance.
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