To lend due credibility and purpose to adhering to and complying with the provisions of the Central Right to Information Act 2005, Central Information Commission (CIC) has directed the Union Territories of Jammu Kashmir and Ladakh to dispose of concerned pending cases. This is so in respect of not only those cases falling under the sensitive category of second appeals but all pending cases. Seeking information by the applicants in respect of various departments run by the Government including the PSUs, has been not to their satisfaction, in the erstwhile state of Jammu and Kashmir, both in terms of the time taken and the information sought furnished in full. That position continues to remain unchanged even after the Reorganisation of the state of Jammu and Kashmir in August 2019. The earlier Act, namely Jammu and Kashmir Right to Information Act of 2009 has already been repealed under the covenants of the Jammu and Kashmir Reorganisation Act 2019 paving the way for the application of the Central Act which should, therefore, make things easy and smooth. On the other hand, in plain words, lack of transparency and element of urgency, generally speaking, have been the hitherto overall response from the concerned officials dealing with cases under the RTI.
Should the same inelastic situation of complacency and recklessness continue even now, the CIC has made things very clear in writing and impressed upon the administrations of both the Union Territories to ensure that all the provisions of the Act were responded to by utmost compliance which could not be possible unless the culture of complete transparency coupled with accountability was nurtured in all the departments. The fate of all those cases under the second appeal status which were to be transferred to the Central Information Commission in a speedy manner, remained in doldrums as the process took its own time in a leisurely way. How could those seeking information feel satisfied about the very efficacy and the utility of the space statutorily provided for as a matter of right under the RTI when they do not very often get the desired information at all ?
We feel that the pendency of cases under the second appeal deserve to be accorded priority and it is a matter of satisfaction that all such cases related to Jammu and Kashmir and Ladakh UTs are slated to be taken up by the Central Information Commission. Since some necessary information is needed for that, the UT administrations are bound to provide details about the Central Public Information Officers to CIC in order to start the hearings under 2nd appeals. The problem in respect of that is about majority of the departments having not appointed or designated such Information Officers in Jammu and Kashmir as yet. The same is true of the UT of Ladakh which is really disappointing. Besides, it has jeopardised the 200 or odd fresh applications having been received plus those ones already pending for disposal. It shows very clearly how the entire spectrum of matters connected with the sensitive and important RTI has been treated. If we say efforts were made to hide or keep back the vital information under a design in most of the cases, it will be no exaggeration.
What requires to be done, besides transferring all pending cases to the CIC in respect of the two UTs, is the need of giving wide publicity to the basic purpose of the Right to Information and its various provisions especially in the light of the constitutional and administrative changes in the erstwhile state of Jammu and Kashmir. The said right has got its “freedom” from a narrow perspective under its previous status and nature and is now at par with other states and UTs. Concern of citizens and due response of and respect for their right to know and get informed, should reign supreme.
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