Excelsior Correspondent
SRINAGAR, Apr 17: In a land mark judgment, the State Information Commission today directed that all the public authorities, including the Army, who are functioning under the territorial jurisdiction of Jammu and Kashmir, come under State Right to Information Act and has directed them to provide the information to the seekers.
Chief Information Commissioner. G R Sufi, today directed that the provisions of State RTI Act be strictly implemented by all public authorities, who are functioning under the territorial jurisdiction of the State and are thus liable as public authorities to implement State RTI Act 2009 if not specifically exempted.
The direction was given after one of the applicants, Shahnawaz Mir of Khan Sahib, had sought information from Public Information Officer (PIO) 15 Corps Army, Badami bagh Cantonment, Srinagar but he was denied information by the PIO.
Shahnawaz had lodged a complaint with the State Information Commission in which he had said that he has not received any response to his application under State RTI Act 2009 from the PIO Army, 15 Corps Srinagar.
The order issued by the Commission said: “The Commission invites attention of PIO/15-Corps Badami bagh Cantonment Srinagar (56-APO) to a latest order (January 6, 2012) passed by the Union Home Ministry in the case of Venkatesh Nayak, Coordinator Access to Information Programme, Common Wealth, Human Rights Initiative (CHRI). In the said order dated 6th January 2012 passed by Joint Secretary, Union Home Ministry cum Ist appellate authority informed the information seeker that Central RTI Act 2005 is not applicable to the State of J&K as the J&K State has its own law on the subject. ”
The Commission has advised the Ist appellate authority to entertain the Ist appeal of the appellant as and when filed condoning the delay and dispose of the Ist appeal in accordance with section 7 of the Act read with section 16 of the State RTI Act 2009.
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