Applicability of rti act on army deployed in j&k

[dkrastogi]

Dear sir,
In the month of Mar 2009 , I have recieved a communication from the office of the Chief of staff HQ Northern Command Udhampur that the RTI act does not apply there. I asked for some information from the army unit and then aftyer a gap of one mobnthe or so i appealed to chief of staff. I was surprised to know the fact . Cental services deployed in j&k do very much come under the perview of this rti act.
please do advice me

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[RAVEENA_O]

Sponsorer

Hi Devesh


Welcome to RTI India. Please go through the Need Help? section & FAQ at the bottom of this page for more information about RTI Act. Also please read - RTI Guide

You have not mentioned the synopsis of the incident leading to receiving communication from CoS(HQ)N. I presume that it is a RTI Response and your appeal is RTI Appeal to FAA.

If the Unit in question is deployed as a Special Frontier Force, the Unit is exempted under Second Schedule to RTI Act, 2005 However, even for Spl Frontier Force, if information sought with regard to corruption and human rights violations are not exempted under Section-24 and the Second Schedule.

There are also exemptions under Section-8 and 9 of RTI Act.

If you think that the information / unit is not exempted under SFF with exclusion of human rights violation or under Section 8 & 9, please prefer Second Appeal before Central Information Commission within 90 days from you receive or deemed to have received the reply from FAA.

[vikrambakshi67]

1 In support of RTI Act 2005 to fight Corruption In recent years, there have been a number of charges of corruption and human rights violation in both these institutions, as well as a corresponding decline in the credibility of their self-audit and internal justice systems. The armed forces and the paramilitary are key instruments of the State, as well as society. So, while everything must be done to ensure that they are able to function in an unfettered way, they cannot be allowed to cut themselves off from the requirements of accountability and transparency of all government institutions


(a) It is our contention that more transparency will actually boost their credibility among the people and enhance their functional abilities

(b) If the RTI Act is to fulfill its professed aims of creating transparency in the functioning of government agencies, containing corruption and enhancing accountability, both the military and paramilitary forces in state of J &K must be brought within its ambit.

(c) RTI Act 2005 will improve the standards and procedures for public financial accounts, audits, and resource allocation. These systems are crucial to reduce waste and abuse of public funds, and provide a strong antidote to corrupt practices.

(d) The right to information is necessary to promote a culture of accountability and to expose corruption and malpractice. Accessibility of information and release of facts pertaining to finance, proceedings and decisions of all the social actors whose activities have an impact on the public, is the guarantee that such actors will be accountable and will fulfill their mandates. Accountability targets mismanagement, abuse of discretion, bribery, other forms of corruption and malpractices. Sometimes media reveals a fraud and describes it as a tip of the iceberg. Therefore, more facts are necessary to discover the whole picture of the fraud, and it is only when all the information is revealed that the total damage to public monies can be evaluated and the persons made accountable.

[vikrambakshi67]

I am enclosing Delhi High Court judgment for staying the implementation of RTI Act in J &K for Indian Army. This case is however related to Capt Kohli case whose widow mother sought information how her son died. The CIC allowed it to be disclosed under RTI Act when somebody was refusing information. Now they have gone to Delhi High Court.




In the High Court of Delhi at New Delhi
WP (C)/7604/2009 CMNo 3739/2009 ( Stay application)
UOI and ORS Petitioners
( through Colonel R Balasubranuim)
versues
CIC and ANR........( Respondent)
CORAM'
Honable Mr Justice Ravindra R bhat
Order 20/03/2009
At request of learned counsel, petitioner 1 and 2 are deleted from the memo of the parties. let amended memo of parties be filed within three days
Issue notice to respondents returnable on 18 /8/ 09
learned counsel from the petitioner points out to Section 1 (2) of RTI Act 2005 which indicate that it is not applicable to the state of J &K .
Having considered the submission and averments, the operation of the order of CIC DT 03/02.09 is suspended till next date of hearing

S Ravindaraj Bhat,J
March 20/2009


The same judgment has been used by the authorities to deny me information on similar issues as it is from J &K.



Kindly confirm options

How to approach CIC for change of text of Section 1 (2) for better interpretation of the act

How to approach the court that his order is being misused to protect corrupt officers in state of J&K

How to lodge second appeal so that CIC consider my case to strengthen his own argument in the next hearing

How to get the full text of the case and know who were the petitioners


Is there any light after Dark tunnel.

Kindly provide comments after this Delhi High Court . Wasn't the judge aware that it was a misrepresentation of RTI ACt and Central Govt organization is applicable everywhere. Or he gave an opportunity to CIC to bring out this fact in next hearing

[taurus]

Section 1 (2) of the RTI Act clearly states that the Act extends to the whole of India except the State of Jammu and Kashmir.