Dr Raja Muzaffar Bhat
Government has finally started implementing Central RTI law in Jammu & Kashmir after it was extended to J&K post Article 370 abrogation. Office of Financial Commissioner Revenue recently designated officers as First Appellate Authorities (FAAs) and Central Public Information Officers (CPIOs) to implement the Central Right to Information Act 2005. This move clashes with the earlier Government order No: 112-JK (GAD) of 2019 dated 28.11.2019 issued by General Administration Department (GAD). By way of that order Government had constituted a committee headed by Administrative Secretary GAD which was supposed to examine whether J&K state will come under the purview of Central Information Commission (CIC) or a separate Information was to be constituted for Union Territory of J&K ?The committee is supposed to examine whether the officers designated as First Appellate Authorities (FAA’s) and Public Information Officers (PIO’s) under the repealed J&K RTI Act 2009 would be re-designated as FAA’s and Central PIOs (CPIO’s) respectively. The committee whose members include Secretary Law & Justice and representative from Finance Department and Additional Secretary (Administration) GAD were to submit their report by 26.12.2019. One fails to understand what prompted the Government to start re-designating officers under central RTI Act 2005 when the final decision is yet to be taken by the committee ? It is a gospel truth that most of the central laws are applicable in J&K after October 31st 2019 which includes Central RTI Act 2005, but there are around 166 laws of erstwhile J&K state which have not been repealed after J&K Reorganization Act was passed by both houses of parliament on August 5th this year.
166 JK Laws protected
Government of India while “abrogating” Article 370 repealed around 153 state laws. As per the JK Reorganization Act around 166 laws of Jammu & Kashmir have been protected (see table 4 part II). Some of the protected laws include J&K Public Men and Public Servants Declaration of Assets and Other Provisions Act, 1983, J&K Public Services Guarantee Act 2011, J&K Public Safety Act (PSA) 1978 , J&K Migrant Immovable Property (prevention, preservation and restrain on distress sales) Act 1997, J&K Big Landed Estates Abolition Act, JK Agrarian Reforms Act 1977, JK Commission for Backward Classes Act 1997. A wrong notion was created for last many years about RTI Act 2005 not being applicable in J&K. As I have mentioned in my previous articles as well, we had a better RTI law in the state that was enacted on March 20th 2009 (J&K RTI Act 2009). This law (now repealed) had some progressive provisions like time bound disposal of appeal which is not found in the Central RTI Act 2005. Infact J&K State had enacted RTI law for the first time in 2004 (JK RTI Act 2004) when there was no such law at national level. It takes years to get final orders from the Central Information Commission (CIC) or State Information Commissions of other states when the 2nd appeal under RTI Act 2005 is filed before these commissions, but in case of J&K the appeal was to be disposed offwithin 2 to 4 months only. I am unable to understand why didn’t J&K RTI Act 2009 also get a similar protection as in case of 166 other state laws?
Law on Land Acquisition
On one hand Government claims that people of J&K will get empowered by the Central laws as article 370 was an impediment for non-applicability of these laws in J&K. As a campaigner of Right to Information Act, I believe that people of J&K will have to go through an ordeal when it comes to seeking justice under Central RTI Act of 2005. Central law like Right to Fair Compensation & Transparency under Land Acquisition Rehabilitation and Resettlement Act (RFCTLARR Act 2013) which intend to give some relief to people especially those people (farmers) whose land is acquired for mega developmental projects is not made applicable vis a vis on going projects. Farmers whose land is to be acquired for Ring Road projects in Srinagar and Jammu are told that compensation would be paid to them under J&K Land Acquisition Act 1934 (now repealed) while as RFCTLARR Act 2013 is applicable in J&K from Oct 31st 2019. This law enables fair compensation for acquired land 2 to 4 times more than the market value of land while as J&K’s law had no such provision.
Case hearings in Delhi
In Union Territories there is not a provision for a separate State Information Commission (SIC) . In-fact Pondicherry which is a South Indian UT with assembly had constituted a State Information Commission in 2006 when RTI Act 2005 was enacted. This commission had to be abolished within 1 year of its constitution. The case is now pending before Madras High Court. RTI appellants or complainants from far off places like Kishtwar ,Poonch , Kupwara will have to file 2nd appeals and complaints under RTI Act 2005 against their local Government officers like Block Development Officers (BDOs) or Tehsildar’s in Central Information Commission (CIC). They will have to appear for hearings in New Delhi. J&K Law Commission has recommended for constitution of State Information Commission (SIC) but in that case RTI Act 2005 will have to be amended as there is no provision for separate Information Commission in Union Territories? All this is going to add the miseries of local population. Had JK RTI Act 2009 been protected like 166 other state laws , things would have been altogether different ….
(The author is Founder & Chairman of J&K RTI Movement)
feedbackexcelsior@gmail.com
Trending Now
E-Paper
Follow our WhatsApp channel