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| Info about revocation of SMS ban: CIC dismisses complaint on security grounds | | | Early Times Report
Jammu, Feb 23: The State Chief Information Commissioner (CIC), G R Sufi has dismissed a complaint against PIO Home Department wherein information about SMS ban revocation was sought by a Jammu resident which was denied by the PIO by invoking security reasons (section 8 of RTI Act).
Details available with Early Times reveal that an information seeker namely Deepak Sharma a resident of Jeewan Nagar Jammu filed an application under State RTI Act before the Public Information Officer (PIO) of J&K Home Department on 28.1.2014. The information seeker sought certified copies of the file noting maintained by the Home Department on the petition to revoke SMS ban in J&K . Information seeker in his RTI application asked the PIO to provide file noting of the information which is not exempted from disclosure under RTI Act, 2009.
The application further reads: "Kindly provide the details of the day to day action taken by the concerned on the said petition to revoke SMS ban in J&K (Kindly provide the details specifying name and designation of the official, number of days the said petition remained at his/her disposal and action taken by the official)
The PIO passed an order on 25.2.2014 denying the information after invoking section 8(a) and (h) of the J&K State RTI Act, 2009. The complainant Deepak Sharma later on filed complaint before the State Information Commission (SIC) on 16.4.2014 stating therein that he had asked only the information which is not covered under section 8.
The Commission heard the PIO Home Department from time to time. According to SIC sources the Information Seeker never turned up for hearing. The information seeker filed complaint before State Information Commission (SIC) on 16.4.2015 bringing to the notice of the Commission that the reply of the PIO to deny the information on the plea that the issue was still under examination is beyond the purview of the exemption clause of the J&K State RTI Act, 2009. The PIO has consistently taken the plea that the entire gamut of information is such that it deals with national sovereignty and security on account of law and order situation prevailing in the state in 2012 when it was felt that it would be necessary in the circumstances to place a ban on the use of SMS on pre paid mobile phones. Therefore, the PIO submitted that there was no contravention of the J&K RTI Act, 2009. PIO has also taken the plea vide his counter statement dated: 3.12.2014 that the proper procedure laid down in the act for the applicant was to file first appeal instead of directly invoking section 15. The PIO has further averted that the ban on SMS was already revoked vide Government Order No: Home-223(ISA) of 2014 dated: 20.5.2014.
SIC order reads:"The Commission concurs with the PIO on this issue and holds that as the issue revolves round the national sovereignty and security, hence the response by the PIO was in accordance with section 8 of the J&K RTI Act, 2009"
CIC while dismissing the case observed:"The Hon'ble Supreme Court in case of Chief Information Commissioner of Manipur v/s State of Manipur has held that no person should be allowed to bye pass the institution of the FAA , section 15 cannot be invoked to order disclosure of information. As the said section being supervisory in nature in which only penal proceedings may have to be initiated.
This Commission has number of times brought to the notice of information seekers that they cannot be allowed to make the institution of the FAA redundant by invoking section 15. Section 15 is on the statute mainly to ensure that orders of the Commission or FAA are implemented by the PIO(s) and if orders for disclosure of information are not implemented then section 15 comes in operation. In this case, the PIO has within time responded to the request of the complainant in giving response as provided under Section 7 of the J&K State RTI Act, 2009. Response does not require only to disclosure of information but a response means even denying the information if justified under the Act. Considering all these facts and the circumstances and record, the complaint is dismissed". |
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