Srinagar: The High Court of Jammu & Kashmir and Ladakh has strongly criticized the prolonged delays in the disposal of Right to Information (RTI) applications and appeals within the Union Territory. A division bench has directed the Central Information Commission (CIC) to implement measures to expedite the resolution of these cases, stating that the commission cannot indefinitely postpone decisions on pending appeals.
Information was available with The Chenab Times that the directive came from a division bench comprising acting Chief Justice Sanjeev Kumar and Justice Mohammad Yousuf Wani. While hearing a Public Interest Litigation (PIL) recently, the court acknowledged that it could not issue a mandamus to fix a specific 45-day timeline for the CIC to decide second appeals and complaints, as had been requested by the petitioner.
The court noted that the Right to Information Act, 2005, does not prescribe a statutory timeline for the disposal of second appeals and complaints. However, the bench emphasized that this does not grant the CIC the authority to delay decisions on appeals for extended periods, allowing them to remain undecided for years.
The bench has consequently instructed the CIC to review its current working procedures and identify appropriate measures for improvement. These measures should consider existing infrastructural limitations and the volume of incoming second appeals and complaints. The court also suggested that the CIC might find value in evaluating the suggestions put forth by the petitioner, provided they are deemed practical and realistic.
The PIL was initiated by Junaid Javid, who, through his legal counsel Advocate Naveed Bukhtiyar, had sought permission to submit a set of recommendations aimed at addressing the backlog of appeals originating from Jammu and Kashmir before the Central Information Commission. The court granted the petitioner’s application to present these suggestions.
The Chenab Times News Desk