*No adherence to HC directives on revisiting RTI Rules
Mohinder Verma
JAMMU, Dec 6: Contrary to the PDP-BJP regime’s commitment about strengthening mechanism of transparency in its functioning, the transparency watchdog of Jammu and Kashmir is facing Government’s indifference as on one side there is no adherence to the directives of High Court on revisiting the RTI Rules and on other side the posts of Member and Secretary have been lying vacant during the past some months.
The present Coalition Government in its policy document titled “Agenda of Alliance” has specifically mentioned that all out steps would be made to ensure enough transparency in its functioning. At the time of unveiling of this document, enough indications were given about strengthening of institutions dealing with transparency particularly Jammu and Kashmir State Information Commission (JKSIC).
However, ever since its formulation the PDP-BJP Government has not initiated any step towards strengthening transparency watchdog of the State despite being aware of the fact that transparency brings positive changes in governance and increases faith and trust of the common masses in the democratic set-up. Instead of receiving priority attention of the Government, the State Information Commission is facing official apathy on various counts.
This can be gauged from the fact that the post of one Information Commissioner is lying vacant since October 31 when Dr S K Sharma completed his term. Till date, no exercise has been initiated in the General Administration Department, which has the mandate to empower State Information Commission, official sources told EXCELSIOR.
“No doubt, the Information Commission is making all out efforts to dispose of the RTI applications even in the absence of one Commissioner but filling up of post is imperative to ensure its smooth functioning”, sources said, adding “the delay of more than one month in providing new Information Commissioner is notwithstanding the fact that Commission had formally written to the General Administration Department well in advance about the post falling vacant on October 31”.
As per the RTI Act, the Information Commissioner is required to be appointed by the Governor on the recommendations of a high-powered selection panel headed by Chief Minister. The other members of the panel are the Leader of Opposition in the Legislative Assembly and a Cabinet Minister to be nominated by the Chief Minister.
As per the law, a person of eminence in the public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance can be appointed as Member of the Commission. “No step has been initiated to convene the meeting of the selection panel till date”, sources regretted.
“What to talk of filling vacant post of Information Commissioner, the Government is not ready to appoint Secretary to the State Information Commission and the post is lying vacant since October 19 when the State Cabinet transferred the then Secretary G N Balwan and posted him as Deputy Commissioner Kishtwar”, sources said, adding “though the Commission brought the necessity of Secretary to the notice of the General Administration Department but no replacement has been sent till date”.
Stating that this is for the first time ever since the establishment of SIC that the post of the Secretary is lying vacant for months together, sources said, “during the past some months three officers have been shifted from the post of Secretary SIC despite the fact that he is vested with the powers to coordinate the functioning of the Commission”.
Not only filling up of posts, the Government is indifferent even towards initiating other steps for strengthening of transparency watchdog of the State. This is evident from non-serious attitude towards the directives of the State High Court vis-à-vis revisiting the Rules of RTI Act in order to provide sufficient powers to the Commission for ensuring transparency in Government departments and other public authorities.
The Division Bench of the State High Court had on August 24, 2014, in a Public Interest Litigation (PIL) titled B R Manhas Versus State of J&K and Others, directed the State Government to repeal the existing RTI Rules and frame fresh ones to make various provisions of the Act workable and achieve the very purpose envisaged in enacting of the legislation.
The non-serious approach towards empowering State Information Commission is notwithstanding the fact that Prime Minister, Narendra Modi while inaugurating Annual Convention of the Central Information Commission in the month of October this year had laid enough thrust on empowering the transparency watchdogs in the country by stating that the aim of RTI was to bring out a positive change in governance.
“Since the present dispensation is repeatedly describing the Prime Minister as a great visionary, it should follow his observations vis-à-vis transparency in governance and initiate step without wasting any more time in empowering J&K State Information Commission by filling up vacant posts and revisiting the RTI Rules”, sources stressed, adding “in the absence of strengthened SIC, transparency in the Government functioning would remain a dream”.
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