Dr Raja Muzaffar Bhat
Recently a high-level selection committee headed by Advisor to J&K Governor K Vijay Kumar recommended bureaucrats for vaccant post in the State Information Commission (SIC). Similary few other bureaucrats have been recommended as Vigilance Commissioner in the State Vigilance Commission (SVC). The panel as per media reports met at Jammu recently to finalize the names. Advisors to Governor Khurshid Ahmad Ganai, K Skanandan and Kewal Kumar Sharma along with Chief Secretary BVR Subrahmanyam were also part of the selection panel. As a campaigner of Right to Information (RTI) in Jammu & Kashmir , there are some issues which Government needs to clarify vis a vis appointment of two Information Commissioners i.e. Chief Information Commissioner (CIC) and Information Commissioner (IC). The absence of two Commissioners in SIC which includes its Chief is making this institution redundant. Citizens of the state are suffering a lot because all the workload of Kashmir is being thrusted on a single Information Commissioner.
Background
Jammu and Kashmir State Information Commission (JKSIC) is constituted under section 12 of J&K Right to Information Act 2009 (JK RTI Act 2009). The present Commission became headless soon after Khurshid Ahmad Ganai resigned from the post of Chief Information Commissioner (CIC) on June 29th 2018. At present one single Information Commissioner (IC) Mohammad Ashraf Mir looks after the affairs of this Commission (SIC) . Under the provisions of section 12 sub section (2), the J&K State Information Commission (SIC) shall consist of State Chief Information Commissioner (CIC) and two Information Commissioners (ICs). When Dr (Prof) S K Sharma (Former Jammu University Professor) completed his term as State Information Commissioner in October 2015, Government failed to fill the gap. After Prof Sharma’s retirement , Chief Information Commissioner (CIC) G R Sufi completed his 5 year term as CIC in March 2016. Again Government failed to appoint a new CIC for many months. Finally the SIC became completely defunct when Information Commissioner Nazir Ahmad completed his tenure in SIC around November 2016. After 4 months PDP lead Government appointed Khurshid Ahmad Ganai a retired IAS officer as State Chief Information Commissioner (CIC) on 27th February 2017. To ensure appointment of CIC, had been meeting with Chief Ministers in past. In past we met with Omar Abdullah in January 2011 and within no time Sufi sahib was appointed CIC, similarly on Jan 23rd 2017we had a meeting with the then CM Mehbooba Mufti and within a month Khurshid sahib was appointed Chief Information Commissioner (CIC). After his appointment Government appointed another Commissioner Mohammad Ashraf Mir (Former Law Secretary in J&K Government) on October 15th 2017. Third Commissioner’s position has never been filled from last more than 3 years . It continues to be vacant from October 2015 when Prof Sharma completed his term as Information Commission. Before this position could be filled up Khurshid Ahmad Ganai resigned from the post of CIC on June 29th 2018. Mr Ganai was appointed as Advisor to Governor soon after his resignation as J&K came under Governors Rule on June 19th 2018.
Who appoints CIC and ICs ?
Section 12, sub section 3 of J&K RTI Act 2009 says that State Chief Information Commissioner (CIC) and State Information Commissioners (ICs) shall be appointed by Governor on the recommendation of the committee consisting of
a) Chief Minister who shall be the Chairperson of the committee
b) The leader of opposition in legislative assembly and
c) A Cabinet Minister nominated by Chief Minister.
In case where leader of opposition in legislative assembly has not been recognized the leader of single largest group in the opposition in Legislative Assembly shall be deemed to be leader of opposition.
As J&K State has been put under Governors rule with effect from June 19th 2018, the powers vested with CM were exercised by the Governor for 6 months until state was put under Presidents Rule. Further to address technicalities in appointing members of State Information Commission (SIC) , the State Administrative Council (SAC) headed by Governor Satyapal Malik on November 22nd 2018 , approved J&K RTI Act (Amendment) Bill 2018. The amendment now facilitates appointment of State Chief Information Commissioner (CIC) and State Information Commissioners (IC) during the Governor’s Rule or Presidents Rule.
Conclusion
Presently Jammu and Kashmir State Information Commission (SIC) has two vacancies ie one State Chief Information Commissioner (CIC) and one Information Commissioner (IC). As discussed above the panel which met under the Chairmanship of Advisor to Governor K Vijay Kumar has recommended name of Muneer Ahmad Khan a senior police officerfor the post of Information Commissioner (IC). State Chief Information Commissioner’s (CICs) post continues to lie vacant. It seems selection committee didn’t finalize any name for the post of CIC.MuneerKhan is retiring in June 2019 , that means for next 4 months , State Information Commission (SIC) would continue to be looked after by a single Information Commissioner. If the selection committee has decided to appoint Muneer Khan as Information Commissioner, it is advisable that Khan be asked to assume the office as soon as possible because work of State Information Commission (SIC) is suffering a lot as large number of RTI appeals and complaints are piling up before the Commission. When G R Sufi was appointed as State Chief Information Commissioner (SIC) during Omar Abdullah led Government in 2011, he was posted as Chief Commissioner Income Tax with Government of India. Mr Sufi resigned from his job five months before the actual date of retirement from Government service. I would appeal Muneer Khan to take voluntary retirement and join Information Commission as soon as possible because people are suffering a lot and erring Government officials are taking Information Commission and RTI for-granted.
I would suggest to the Governor Satyapal Malik that someone from Higher Judiciary , Journalism or Academics be appointed as State Chief Information Commissioner in order to make the Commission a balanced institution. Let the Institution of RTI not be bureaucratized because State RTI law nowhere makes it mandatory to pick up people only from bureaucratic background. There is a large scope in the J&K RTI Act 2009 wherein experienced and upright people from other fields like academics , journalism , social service , judiciary etc can also be appointed as Information Commissioners.
(The author is Founder & Chairman of Jammu & Kashmir RTI Movement )
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