At a time when filing of online applications on different issues is gaining momentum, the information seekers continue to move around Government offices looking after a Public Information Officer (PIO) who is supposed to receive applications under Right to Information Act (RTI).
In most of the cases the designated PIO is either on leave or is out of office to meet his boss at district headquarter, directorate or civil secretariat. Poor applicants have to waste his time, energy and money. If the information seeker is bit clever he or she sends the RTI application via speed post. On the other hand there are no facilities available in J&K wherein an RTI application can be filed directly through an online portal or be sent directly to the PIO on his/her official email ID.
There may be technical issues involved if the application is filed online or via email, because the RTI application fees of Rs 10 has to be paid in shape of Indian Postal Order (IPO) , Draft or Bankers Cheque or even cash. This is not at all a big issue as Maharashtra, Andhra Pradesh, Bihar and many other states are accepting the application fees of Rs 10 through online mode in the same way as we do online shopping and amount gets credited from our bank account.
Pvt Members Bill on RTI
A private members bill submitted before J&K Legislative Assembly in 2015 by Advocate R S Pathania a noted lawyer and ex BJP legislator had sought some changes in sections 4, 6, 15 and 17 of J&K RTI Act 2009 (now repealed). Pathania wanted amendment in the State RTI Act 2009 wherein it shall be mandatory on every public authority to notify/publish on its website and provide to the State Information Commission (SIC) as well the name, designation, postal address, facsimile number, E-mail ID, Debit / Credit Card payment portal of its Public Information Officer (PIO) as well as its First Appellate Authority (FAA) .
The former MLA had suggested that a request for obtaining information under sub-section (1) of Section 6 can be filed through e-mail and specified fees/costs could be deposited through credit/Debit card of Master/Visa, Paytm or RuPay Card payable to the Accounts Officer/Account of the Public Authority.
Amendments
Pathania hadsuggested that Sub-Section (1) of Section 6 of the Principal Act shall besubstituted by the following:
Request for obtaining Information: A person, who desires toobtain any information under this Act, shall make a request in writing orthrough electronic means in English, Urdu or Hindi accompanied by anapplication fee of Rupees Ten (Rs 10) by the way of cash against proper receiptor by Indian Postal Order or demand draft or bankers cheque or usingcredit/debit card of Master/Visa or RuPay Card payable to the AccountsOfficer/Account of the Public Authority.
In Section 15 of the Principal Act, after sub-section (4),Advocate Pathania had sought the following new sub-sections (5), (6) and (7) tobe added.
“Every order made by the First Appellate Authority (FAA) or the State Information Commission (SIC) may be enforced by the First Appellate Authority or the State Information Commission as the case may be, in the same manner as if it were a decree or order made by a court in a suit pending therein.
Advocate Pathania also suggested that a complaint as contemplated for compliance of orders of the Commission shall be filed within a period of six months from the date of accrual of cause of action to the complaint. Provided that the State Information Commission may admit the complaint after the expiry of the period of aforementioned period if it is satisfied that the complainant was prevented by sufficient cause from filing the complaint in time “
Complicatedsituation
Government must seriously think over giving facility to citizens to file RTI applications through an online web portal or via email. It is not necessary to make amendments to the RTI law as it can be done through an administrative order. Recently I myself filed an RTI application through online mode in the office of District Collector of Gondia in Maharashtra state. I paid Rs 10 application fees through online mode in the same way as we pay mobile bill or do online shopping. Within 6 days my application was transferred to almost four public authorities for providing me the required information on local wetlands of that area which need immediate attention of Government. Copy of the letter was send to me via email as well.
On the other hand public authorities in J&K whose office is located not more than 10 kms away from information seekers house make them suffer and keep denying information.
After the abrogation of Article 370 , the Government Officers have become more adamant and arrogant and in many cases the information is not at all provided. Recently Farooq Ahmad Ganai from Palpora Budgam was denied information by Executive Engineer PHE Division Budgam even after 65 days.
Farooq wanted details of funds spend on a local water supply scheme. Now he has moved an appeal before PHE’s Chief Engineer. The aggrieved are not even in a position to file a complaint or appeal before the designated forum of State Information Commission (SIC) which has been dissolved as J&K RTI Act 2009 got repealed under J&K Reorganization Act 2019 . The appeals and complaints are to be filed before New Delhi based Central Information Commission (CIC) which has complicated the situation for an Aaam Aadmi of Jammu & Kashmir and even Ladakh.
Conclusion:
Sending RTI applications through an online portal is a valuable suggestion which Government must adhere to if it is serious about transparency in governance. In search of Rs 10 Indian Postal Order (IPO), information seekers travel a long distance. Abdul Ahad Ganai from Palpora Budgam few months back traveled to Srinagar GPO by spending Rs 200 to get a postal order of Rs 10 (Rupees Ten) as the same is hardly available in most of the post offices.
Postal orders are only available in General Post Offices (GPOs) and Head Post Offices which is complicating the situation. As RTI Act 2005 is applicable in J&K from October 31st 2019, I would appeal authorities to allow citizens to apply for information through online mode.
In addition to it CIC’s benches should be set up in Srinagar and Jammu as well so that appellants and complainants don’t have to travel all along to New Delhi.
The hundreds of pending RTI appeals which are undisposed by State Information Commission (now dissolved) should be referred to a special bench of CIC for speedy disposal….
Dr Raja Muzaffar Bhat is Founder & Chairman of J&KRTI Movement. He is also an Acumen Fellow.