*Timely action could have avoided crisis
Mohinder Verma
JAMMU, Feb 26: Jammu and Kashmir State Information Commission, which played crucial role in bringing transparency in the functioning of various organs of the State, is all set to become headless from March 1 as the first ever Chief Information Commissioner is going to complete tenure on February 29. This would slow down the efforts of reducing dishonest and corrupt practices as one post of the Information Commissioner is already lying vacant and now there will be only one Information Commissioner in this transparency watchdog.
The present Chief Information Commissioner, G R Sufi had assumed the office on March 1, 2011 and as per the Jammu and Kashmir Right to Information Act, he is completing his five year tenure on February 29. One Information Commissioner-Dr S K Sharma had demitted the office on October 31, 2015 on completion of his tenure strictly as per the provisions of the Act.
Now, the three-member Commission will be headless from March 1 mainly because of the non-serious approach of the previous PDP-BJP Coalition Government, which during its tenure never tried to empower the transparency watchdog despite being aware of the fact that it (State Information Commission) has been playing vital role in bringing transparency in the functioning of different organs of the State.
“The intensity of non-serious approach towards this vital Commission can be gauged from the fact that one Information Commissioner, Dr S K Sharma had completed his tenure on October 31, 2015 but no process was set into motion to make new appointment”, sources said while disclosing that Commission had written to the General Administration Department, which has the mandate to empower the SIC, well in advance about the post falling vacant on October 31.
They further said, “it is because of continuous non-serious approach that this vital Commission is going to become headless as General Administration Department was fully aware that Chief Information Commissioner would also complete his tenure on February 29”, adding “in the absence of the CIC, the Commission wouldn’t be able to exercise administrative as well as financial powers to ensure its smooth day-to-day functioning”.
As per Section 12 of the J&K Right to Information Act, the general superintendence, direction and management of the State Information Commission vests in the State Chief Information Commissioner and he is to be assisted by the State Information Commissioners.
Nothing can be said about how long this Commission will remain headless as the Act clearly states that Chief Information Commissioner and Information Commissioners shall be appointed by the Governor on the recommendations of a committee consisting of Chief Minister, who shall be Chairperson of the committee, Leader of Opposition in the Legislative Assembly and a Cabinet Minister to be nominated by the Chief Minister as its Members.
“In the absence of democratically elected Government this vital exercise cannot be carried out as such the appointment of new Chief Information Commissioner and Information Commissioner depends upon the formulation of new Government in the State”, sources said.
According to the sources, the headless Commission would certainly slow down the efforts of reducing dishonest and corrupt practices in the State.
It is pertinent to mention here that Governor, while addressing Regional Conference on Right to Information on February 6, 2016, had explicitly stated that Right to Information Act is contributing a lot in reducing dishonest and corrupt practices and not only plays vital role in the direction of having more transparency and prudence in the governance but also helps in strengthening the democracy.
The Governor had also stated that it was due to the State Information Commission that Government machinery has started becoming used to this transparency law and accepted furnishing information under RTI Act as their legal obligation.
The crucial role the State Information Commission is playing in ensuring transparency and the trust being reposed by the common masses on this transparency watchdog can be gauged from the fact that in December 2011 cumulative disposal of cases by the SIC was 357 but this figure increased to 2013 in December 2013 and 2622 in December 2014. The figures continued to increase considerably and in the month of October 2015 the Commission disposed of 3250 cases.
Had the previous PDP-BJP Government realized the importance of this Commission, it would not have become headless, sources remarked.
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