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GR Sofi, first Chief Information Commissioner of SIC (J&K) talks to Greater Kashmir Team

THE FIRST CHIEF INFORMATION COMMISSIONER (CIC) OF STATE INFORMATION COMMISSION (SIC) G R SOFI, TALKS ABOUT THE RTI ACT AND HOW THE COMMISSION IS WORKING TO ACHIEVE ITS GOALS IN A CONVERSATION WITH GREATER KASHMIR TEAM. HERE ARE THE EXCERPTS.

Rajeev Sharma: Do you think the present legislation is enough to achieve the objectives that it is supposed to?

G R Sofi: Last month I was in Delhi to attend an annual meeting of Chief Information Commissioners. A speaker made an observation that after passing of Constitution of India the central RTI is a revolutionary legislation. I absolutely agree with the speaker. The state RTI being at par with the Central Act is the most important piece of legislation. This Act is meant for downtrodden, and disadvantage sections of the society who are wronged in so many ways. Government has to make people aware about the power this Act grants them. However, at the same time I also regret that people are slow in taking advantage of this revolutionary Act which hurts me the most. 

Rajeev Sharma: Jammu and Kashmir is the first state to bring the legislation of Right to Information Act in 2004, whereas the Central Act came a year later in 2005. But still J & K state is far away in the implementation of the Act as compared to the Union Government. Who do you think is responsible for this? 

G R Sofi: Under the Act it is for the state agencies to organise awareness programmes, seminars and educate the people about the Act through TV, print media. It is not obligatory on the CIC to engage in awareness campaigns but as a citizen of the state and being part of the system I have been reaching to the far-flung areas of the state to make people aware about the advantages of the Act. We have also written to the government to expedite the process of awareness so that the people can take benefit of the legislation.

Sumit Hakhoo: In Jammu and Kashmir we find a very few RTI groups, NGOs or individuals that are active in spreading awareness about this Act. Does commission provide them any assistance or logistic support, and how would you encourage more people to come forward.

G R Sofi: This Act does not recognise any activists. The Act empowers the people in general but whenever a new thing comes there are people among the society who lead to educate the people about the powers the legislation gives them. There are good number of individuals, RTI activists and NGOs who are doing tremendous job in propagating the Act. We want to get the Act implemented in its true sense and every body in the system has to contribute. The principal actor, however, must understand the duties and obligations on it Under Section 23 of RTI. 

Sumit Hakhoo: Public Information Officers often decry lack of infrastructure in proper implementation of RTI Act and their failure in providing information to the citizens in the prescribed Act. Do you share their assertion? And if yes, what role commission can play in this regard.

G R Sofi: There are vague complaints. If by proper infrastructure they meant that an independent authority should be established for the job, I do not think it is viable. When PIOs in central government can dispose off hundreds of applications why the PIOs in the state cannot dispose off a few applications? As per the government’s own statistics around 7000 people have applied under RTI, which I do not think is a huge number. The problem of PIOs is that they do not read the Act carefully. Sometimes they complain that the higher officers are not cooperating with them at the times while dealing with an application under RTI. They do not know that the Act empowers them to inform their seniors that in case you failed to cooperate you will be deemed PIO under Section 5 of the Act and Commission can initiate action against you. They must read the law first, only than they will know their powers and duties.

Syed Amjad Shah: Throughout the country we have seen killing of more than a dozen RTI activists, what is your suggestion to the activists of the state and whether the Commission has the duty or authority to ensure the safety and security of the RTI applicants and especially that of the regular RTI users?

G R Sofi: The Commission is empowered to implement the law. It is the duty of the government to protect its citizens to which so ever class the citizen belongs. However, if the Commission genuinely feels that life of any information seeker is endangered, it will ensure to take up the matter with the law enforcement agencies. I do not think the government agencies can provide organised protection on perceptions. If any one has concrete evidence, the law enforcement agencies are otherwise also duty bound to protect lives. 

Rajeev Sharma: Do you think there should be some deterrent mechanism in the law to curb misuse of RTI and filing of frivolous applications? 
 
G R Sofi:  Since the enactment of State RTI Act, now you can say that the Commission is complete. We are just making a beginning and all talks about misuse of the Act are just ‘whispery campaign’. I want to ask who is misusing it. Instead of going for whispery campaign the people should first see its uses and advantages. It has become a fashion now to get into the negative things without considering the advantages.  It is to the officials at the helm of affairs to identify those who are indulging in malpractices. There are so many powers which are at the disposal of the government official to act against those who are misusing or giving misinformation. I am not ruling out this assertion but I challenge them what stops them to proceed if they have power and machinery at their disposal. So, dismiss this argument.

Rajeev Sharma: There are complaints that central government departments having their offices in Jammu and Kashmir are not honouring the RTI applications under State RTI Act. Your response? 

Sofi: Yes, we too have received complaints from information seekers that Central government departments are not entertaining applications under State RTI Act. There is a wrong perception among central government departments that State RTI is not applicable to them. These departments must read the Act carefully. Also there is no reason for the central government departments to reject any application or deny information sought by the applicant under state RTI Act. We have passed strict instructions to all the central government departments to provide all the necessary information sought by the applicant. The Section 2 of J&K RTI Act 2009 clearly states that the Act is applicable to any authority or body or institution of self-government established or constituted by or under the constitution of India or by any other law made by the Parliament. 

Sumit Hakhoo: J & K RTI Act 2009 came into being on 20th March 2009 but even today the copies of Act and Rules are not available in other languages. Your comments?
 
G R Sofi: As per my knowledge the State Law Department is engaged in preparing the copies of the Act under Urdu language. We will certainly write to the government to ensure publication of the Act in Hindi and Dogri language as well so as to make it easily understandable.