Friday, June 22, 2012

Withholding info under RTI Act violation of fundamental right: CIC

In a significant judgment, the Chief Information Commissioner of Jammu & Kashmir GR Sufi has ruled that prohibiting disclosure of any information under the Right to Information Act-2009 without any justification is a violation of a fundamental right. The CIC asked the Deputy Commissioner Srinagar to dispose of an appeal filed by an applicant seeking information about Public Safety Act (PSA) detentions within 30 days.
 Khurram Parvez of Jammu & Kashmir Coalition of Civil Society (JKCCS) had filed an application under RTI Act - 2009 in the office of Divisional Commissioner Kashmir seeking information about detentions under PSA in the Valley during the past two decades. Later the Public Information Officer of Divisional Commissioner Kashmir forwarded the application to DC office Srinagar on January 20 this year.
 However, the Additional Deputy Commissioner Srinagar, then PIO, refused to disclose the information invoking Section 8 of the Act. The Deputy Commissioner, who happens to be First Appellate Authority, also rejected the application citing same grounds.  After hearing both sides, the State Information Commission said that the "FAA was duty bound to pass well –reasoned order which will be justifiable.” “(But) no such attempt has been made,” the judgment reads.
For Details visit: Greater Kashmir


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