Early Times Report
Srinagarm, Dec 13: In a very significant order issued by the State Chief Information Commissioner (CIC) G R Sufi vis a vis information being sought under Life & Liberty clause of State RTI Act , the CIC , in his order has said that it is not necessary that an affected person shall have to necessarily seek information under this clause from a public authority , his close relatives or any other concerned person can also seek such information which is to be provided within 48 hours by the PIO of the public authority under section 7 (1) of J&K RTI Act 2009.
Details available with Early Times reveal that information seekers namely Dr. Raja Muzaffar Bhat and Dr. Mushtaq Ahmad Khan had filed a complaint in the State Information Commission (SIC) on on 03-07-2015, stating therein that they had filed an RTI application before the PIO, G.B.Panth, Hospital, Srinagar on 29-06-2015, seeking information related to total number of infant deaths that took place in NICU-A and NICU-B since 1st March, 2015 till 30th June, 2015. Total number of deaths that took place in PICU since 1st March, 2015 to June, 2015.; details of the vehicular assistance provided to the attendants of patients to carry death body back home with details of patients on board; Total number of vehicles hired since January, 2015 to 30th June, 2015 and the total expenditure incurred on the same and total number of death certificates issued by hospital from January 2015 to 30th June, Total staff strength posted in NICU and PICU with their names, qualifications, designations and period of posting; Total number of ventilators, Monitors, Nebulizers and total bed strength of the hospital at the present.
The complainants also wanted inspection of the original records to ascertain that the information so provided was correct. It was contended by the complainants that infant deaths are occurring frequently in the hospital, which got also highlighted by the media. It was further contended that had the information sought been provided within a few days, it could have been proved that there was negligence on the part of the hospital administration to cause the infant deaths. To rebut this contention of the complainants, PIO contended that the proviso invoked by information seekers applies only in exceptional circumstances and whether the information sought concerns the life and liberty of a person has to be established and substantiated with evidence and that also only in rear cases, this ground can be relied upon.
CIC's decision ruled, "There was a question, whether information sought for the life and liberty of a person has to be by the same person whose life or liberty is at stake. The nature of the situations for these two eventualities and situations makes seeking of information directly by the affected persons very difficult and at times impossible. If a person is unauthorizedly incarcerated, he may not be in a position to use his right of seeking information.
Therefore, if after establishing genuine interest in preserving life and liberty of a person, the information can be sought by any other person who is otherwise qualified to seek information under J&K RTI Act, 2009" |
