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| SIC dismisses appeal against High Court | | Legal opinions, suggestions cannot be obtained under RTI | | Early Times Report
jammu, Aug 21 : The State Information Commission (SIC) Jammu wing has dismissed an appeal filed under section 16 of J&K RTI Act 2009 against the Public Information Officer (PIO) and First Appellate Authority (FAA) of J&K High Court wherein the information seeker had sought some details about legal opinions and suggestions related to gift deed and lease deed. Details available with Early Times reveal that one are that one Vijay Kumar, S/O Bachan Lal, R/O Shastri Nagar, Jammu moved an application dated 04.04.2015 before the PIO Hon'ble High Court, of J&K at Jammu under the Jammu & Kashmir Right to Information Act, 2009 wherein he sought the following information:
1. Formalities with respect to the Housing Board Lease Deed plot gifted by father to his son if the registration is made in the court of law.
2. Whether the formalities differ for registration of gifted deed plot in Jammu & Kathua courts, if so, the documents required for its registration may kindly be furnished in the shape of Xerox copy of both the courts.
The PIO / Registrar(Judicial) High Court, J&K, Wing, Jammu in response to the RTI application of the information seeker furnished the requisite information to the information seeker vide office letter No.744 dated 07.04.2015. Feeling aggrieved of the aforesaid order of the PIO, the appellant filed first appeal dated 11.04.2015 before the First Appellate Authority/Registrar General, High Court, J&K,Jammu. The First Appellate Authority (FAA) ie Registrar General disposed of the appeal vide order No.5085-86/LS dated 11.06.2015 with the following observations:
"A bare reading of the definition of the term "information" would show "any material in any form" including inter-alia the "opinions and advices". The clear purport of the "opinion", which a person has right to obtain under the RTI Act is the opinion available in the Public Office and not the opinion of the PIO. The PIO is right in terming the information/query sought by the applicant/appellant as "legal opinion" and not "information". Grievance of the appellant, therefore, is not well founded and appeal has no merit and is, as such, dismissed".
The appellant feeling aggrieved of the aforesaid order of the First Appellate Authority filed second appeal dated 25.06.2015 before the State Information Commission (SIC) . The Commission after receiving the second appeal listed the matter for hearing on 03.08.2015. In compliance to the notice No.SIC/J/A /82/2015/939-40 dated 23.07.2015 issued by the Commission informing the date of hearing, Durga Dass, Joint Registrar(Admn.),J&K High Court, Jammu/PIO was present in person, whereas, the appellant denied the receipt of such notice from the office of the Commission. In order to follow the principles of natural justice so that the appeal may not be disposed of unheard, the appellant was heard telephonically by the SIC . The appellant apprised the Commission that he filed first appeal at Jammu office of the High Court whereas, he was summoned to attend the hearing in the Srinagar Wing of the J&K High Court on 08.06.2015 which was difficult for him to attend and has preferred second appeal against the order of the PIO as well as First Appellate Authority. The appellant further submitted that the information which he has sought under RTI application should be in possession of the Hon'ble High Court and District Courts as it pertains to lease deed and gift deeds which are executed in the Subordinate Courts and wants to know the formalities followed by the said Courts for the execution of such deeds etc.
The question for consideration of the Commission was whether the information sought by the information seeker falls within the ambit of Section 2(d) of J&K Right to Information Act, 2009 which reads says that information" means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
SIC order reads as : "The Commission would like to comment here that only such documents, opinions, advices.etc. can be sought which has material existence and are part of the official record documentary or electronic,etc. The J&K Right to Information Act, 2009, imposes no obligation upon the public authorities to provide legal opnions, suggestions, views or information which requires drawing of inferences or making of assumptions.
The appellant was rightly advised by the PIO to take legal advice and opinion from any other available appropriate forum. In view of the aforesaid facts and observations, the Commission is of the considered opinion that the order passed by the PIO as well as First Appellate Authority does not suffer from any legal infirmity as the information sought by the information seeker is not covered in the definition of information as laid down in Section 2(d) of the J&K Right to Information Act, 2009. The appeal is accordingly dismissed" |
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