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Rendered toothless by previous Govt, SIC expects Mufti to restore its tenacity
5/14/2015 12:04:41 AM
Early Times Report
srinagar, May 13: Turned into a toothless tiger by National Conference Government , the State information Commission is hopeful that Chief Minister Mufti Mohammad Syed would restore the autonomy of the Information Commission (SIC) head by G R Sufi. For making this to happen the legal experts and RTI activists opine that Government has to repeal the existing RTI Rules (J&K RTI Rules 2012) which were enforced during Omar Abdullah's tenure as Chief Minister in August 2012. The experts say that RTI rules of 2010 which were repealed by the previous Government have to be replaced which will ensure strengthening of RTI regime in J&K and making SIC an autonomous institution.
While talking to Early Times, Shahid Ahmad Ronga a practicing lawyer and RTI activist from Srinagar says that National Conference led Government had taken a wise step by enacting RTI Act 2009 which is at par with the National RTI Act , but when scams , bungling and corruption got exposed , the same Government in order to protect the corrupt officers repealed the RTI rules which were approved by the Omar Abdullah cabinet in 2010.
"The repealing of J&K RTI Rules 2010 by previous Government severely affected the autonomy of SIC and during that time Peoples Democratic Party (PDP) which was the main opposition party had severely criticized that anti people decision of NC lead Government. For at least six months PDP leaders party leaders continued to raise this issue in their rallies and public gatherings. The party has now come to power and it is the time to deliver on the ground and for making this to happen Mufti sahib should restore J&K RTI Rules 2010" said Dr Raja Muzaffar Bhat , Founder of J&K RTI Movement
Pertinent to mention here that J&K RTI Rules 2010 contained considerable amount of details but under the existing Rules (J&K RTI Rules 2012) there is no guidance on how different matters- like functioning of State Information Commission (SIC) , procedure to be adopted in case of non-compliance of SIC's orders and other vital matters- will be handled ?
Under J&K RTI Rules the SIC had prosecution power in case a public authority didn't comply with the orders of the Commission (SIC) . The 2012 Rules delete those provisions and this was intentionally done by the previous Government just to make the SIC a toothless tiger . The RTI appellants under these circumstances will have no option but to file a petition in J&K High Court to seek enforcement of Commission's (SIC) orders.
"How many people can avail the expensive and time consuming option of filing writ petitions in High Court when the SIC's orders are not implemented by Government agencies (public authorities) ? " argues Dr Mushtaq Khan RTI activist from Srinagar
"PDP has promised in its election manifesto that if they come to power they will make SIC more powerful and give autonomy to it in addition to other Commissions like State Vigilance Commission (SVC) and State Accountability Commission (SAC) . The party is in power along with BJP in the state and now they must fulfill their promise " Dr Mushtaq added.
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