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CIC brings Auqaf under RTI ambit
7/17/2015 11:18:10 PM
Early Times Report
Srinagar, July 17: In a landmark judgement, the Chief Information Commissioner (CIC) G R Sufi brought the Auqaf e Islamia Tral in Pulwama district under the purview of the RTI Act. 2009.
Now the Auqaf officials cannot deny information under the Act. Bashir Ahmad Jan, a resident of Tral district Pulwama had filed an RTI application under J&K State RTI Act, 2009 before the PIO Haj & Auqaf Department, Civil Secretariat Srinagar on 20.5.2014. The PIO forwarded the said application to the Administrator-cum-PIO Idhara Auqaf Islamia, Tral District Pulwama as the information was held by him . The forwarded letter was received in the Tehsildar's office. Under rules, the PIO / Tehsildar Tral Mohammad Rouf Rehman was under a legal obligation to disclose this information if it was givable within 30 days from the receipt of forwarding from the Under Secretary-cum-PIO Civil Secretariat.
The information was denied and the appellant filed first appeal before the First Appellate Authority (FAA) of Haj & Auqaf Ministry on 5.7.2014. The appellant was again aggrieved for not getting the information approached the J&K State Information Commission (SIC) . Under section 16 of J&K State RTI Act, 2009 the appellant filed second appeal before the SIC which was received the Commission on 17.11.2014. As there were certain deficiencies in the appeal, the Registry of this Commission sought the removal of deficiencies by the appellant which were removed after some time.
The appellant had asked for copies of government orders under which Waqaf Committees and Administrators were nominated by the Government for Idara Auqaf Islamia, Hamdania Tral District Pulwama w.e.f. 1978 to 2014 . Details about construction works undertaken , appointment of employees , payments made to various molvis and income and expenditure details of Auqaf were also sought under RTI Act by the appellant.
The second appeal was listed for hearing on 10.7.2015. Shalini Raina, Under Secretary-cum-PIO Haj & Auqaf (Revenue Department), Ex-Tehsildar Tral Mohammad Rouf Rehman, Present Administrator-cum-Tehsildar Auqaf e Islamia Tral Mohammad Maqbool and the Appellant attended the hearing.
Delay was caused by the ex-Tehsildar Tral Mohammad Rouf Rehman. Hence his presence in the Commission was sought by the SIC. The Commission after going through the RTI application found that the entire information is givable under Section 7 of the J&K RTI Act, 2009. After the direction issued by the Commission in the last hearing, the appellant has confirmed before the Commission (SIC) to have received the information.
The order issued by Chief Information Commissioner (CIC) G R Sufi reads : "The Commission is of the considered opinion that the information sought is of high public interest. The Trusts like Auqaf Islamia Tral which is under the Haj & Auqaf Ministry of J&K Government is dealing with the funds of common pilgrims and devotees of the shrines and mosques and other religious endowments. Therefore, the responsibility for ensuring transparency and accountability in the working of such trusts increases substantially. Therefore, Commission would expect that the public authorities who are heading these institutions may realize their sacred duty to ensure transparency and accountability in the collections and disbursement of funds given by the common masses, a large section of which is even below the poverty line" RTI activists have hailed the decision.
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