* CIC directs CS to take necessary steps immediately
Mohinder Verma
JAMMU, Feb 19: Shocking it may sound but it is a fact that vital record of erstwhile Dogra period like State Council Resolutions, Ailans and Irshadats has not been preserved in the Government departments despite the same assumes much importance for the knowledge of the future generations.
This has come to the fore in replies to an application moved under the Right to Information Act and while expressing concern over this, the State Information Commission has directed the Chief Secretary to preserve the record and consider digitization for the benefit and knowledge of posterity.
The applicant namely Vilakshana Singh, an advocate by profession on June 10, 2014 moved an application under RTI Act before Public Information Officer of Law Department seeking certified copies of Government Orders like State Council Resolutions, Hidayats, Irshadats, Ailans of pre-1947 period—monarchy era of Maharajas, which are still applicable under Section 139 of J&K Transfer of Property Act. Under this Act, purchase of non-agricultural land in Jammu and Kashmir by a person who is not the permanent resident of J&K is prohibited.
However, Law Department transferred the RTI application to the Revenue Department stating therein that the documents were not available with it. The PIO Revenue Department after making further queries from Law Department informed the information seeker that the requisitioned information was more than 120 years old as such was not available.
Aggrieved over this, the appellant filed first appeal before the FAA of Revenue Department, who did not respond to appellant’s first appeal even after the lapse of 70 days. This compelled the appellant to file second appeal in State Information Commission with the submission that the Rules, Regulations, Ailans, State Council Resolutions and Irshads etc, copies of which the appellant has sought, are still in force and every citizen has a right to know the law which regulates his right to acquire the immovable property in the State.
During the course of hearing before the Commission, the PIO reiterated that the information sought by the appellant pertained to a period of last more than 100 years as such the same was not available.
However, the appellant strongly contended that under J&K Transfer of Property Act, protection has been given to such Regulations, Hidayats, Resolutions, Ailans and Rules issued during the period of Dogra rulers. The Commission went through the relevant provisions of Section 139 of Transfer of Property Act, 1977 (1920 AD) Volume 22 and found the contention of the appellant as correct.
Accordingly, the Commission directed the PIO to contact the Directorate of Archives, Jammu and enquire whether the information sought by the appellant was preserved in the archives. The Deputy Director Archives Jammu, Peerzada Mohammad Ashraf made serious efforts and traced some information and made a CD of the same.
During the hearing before the Commission today, the PIO informed that she has retrieved the relevant information collated and compiled by the Directorate of Archives J&K in the shape of a CD and on Commission’s directions a copy of the CD was handed over to the appellant.
The Chief Information Commissioner, G R Sufi directed the PIO to get the information relating to various Government orders, Irshads, notifications etc of the relevant period uploaded on department’s website under Section 4 of the J&K State RTI Act for information of the general public.
While referring to Section 8 Sub-Section 3 of J&K State RTI Act, 2009, which provides that any information relating to “any occurrence, event or matter which has taken place, occurred or happened 20 years before the date on which any request is made under Section 6, shall be provided to any person making a request under that Section, the CIC observed, “the PIO Revenue Department has erred in interpreting the provisions of law. This provision of law simply states that only the exempted information which relates to sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State or lead to incitement of an offence cannot be disclosed even after 20 years”.
Section 139(2) of Transfer of Property Act has made a particular mention of the State Council Resolutions, Ailans, Hidayats, letters issued by the then Prime Minister. These orders relate to transfer and acquisition of immovable property in the State of J&K. These rules and regulations have not ceased to be in operation after the abolition of monarchy in the J&K. They have rather been given protection under Transfer of Properties Act, the CIC said.
“The Commission has perused the Section 139 of the Transfer of Property Act read with Section 35-A of Constitution of India and has found that the section indeed gives a protection to such Regulations, Hidayats, Orders, Ailans etc”, Mr Sufi said.
The information seeker during the hearing submitted before the Commission that the public authorities of J&K Law and Revenue Departments should have been more responsive and careful in maintaining and preserving the State Council Resolutions, Ailans, Hidayats and letters issued by the then Prime Minister because they relate to transfer and acquisition of immovable property in the State of Jammu and Kashmir – a very important constitutional and legal issue.
He informed the Commission that while the Jammu and Kashmir Directorate of Archives does have substantial record of erstwhile monarchy of Maharaja Rulers, it is not known whether the important records which deserve to be archived after the popular Government was established in 1947 have been ordered to be preserved in the archives.
“No such record has been transferred to archives for last several decades. Since the matter is of high public importance, the Commission should issue directions to the public authorities under Section 16(9) of the J&K State RTI Act,2009 to take necessary steps and earnestly consider this issue and find out which record deserves to be archived but has not so far been archived”, the applicant submitted.
Accordingly, the Commission directed the concerned public authorities to take immediate steps for ensuring that all such record, which is connected with these State Council Resolutions, Ailans, Irshadats etc of the Dogra period, which have been given protection under the Transfer of Property Act, is preserved not only in the J&K Archives both at Jammu and Srinagar but also in the Ministries of Law and Revenue of J&K Government.
The Commission also directed highest public authority of the State— Chief Secretary to take necessary steps to get the Government records identified which in his wisdom need to be archived and direct all other public authorities to transfer the same to the Directorate of Archives J&K within a reasonable time.
The Chief Secretary has also been asked to consider digitalizing of such record for the benefit and knowledge of the future generations. “This is important because Right to Information will remain meaningless if records of public authorities are not preserved and protected for posterity”, the Commission observed.
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