Excelsior Correspondent
SRINAGAR, Sept 13: State High Court has said that Jammu and Kashmir State Information Commission has not been vested with unbridled powers to pass sweeping orders.
These observations were made by Justice M K Hanjura in a petition filed by J&K High Court against the order of the State Information Commission which had directed the Public Information Officer of the J&K High Court to ensure his attendance in the hearings of the Commission as and when the cases/2nd appeals pertaining to the J&K High Court are listed for hearing.
After hearing counsel for the High Court, Justice M K Hanjura observed, “the Information Commissioner has to weigh the pros and cons of each appeal on its own merits and form a rational and an objective opinion before passing any order”.
“The State Information Commission is not vested with unbridled powers to pass sweeping orders like the one challenged by the High Court”, Justice Hanjura said, adding “the SIC is bound by law and it cannot travel beyond its jurisdiction and doing so does not auger well”.
The High Court further said, “the SIC has to pass individual orders in each and every appeal and such orders need to be in consonance with Section 15 (3) of Right to Information Act which provides that the State Information Commissioner has the power to summon and enforce the attendance of persons only for the purpose of giving oral or written evidence on oath and for producing documents, requiring the discovery and inspection of documents receiving evidence an affidavit: requisitioning any public record or copies thereof from any court or office, issuing summons for examination of witnesses or documents and any other matter which may be prescribed”.
“In the instant case nothing of this nature was required to be done by the Public Information Officer or First appellant Authority of the High Court. The direction of Commission prima-facie appears to be without jurisdiction”, Justice Hanjura said.
Taking an overall view of the matter, subject to the objections of the other side and till the next date of listing before the bench, the operation of the impugned order dated 16-08-2017 shall remain stayed.
Trending Now
E-Paper
Follow our WhatsApp channel