From Pages 1 & 10 of the 28 April 2011 edition of Greater Kashmir.  The original letter from the SIC and some comment on this issue will be addressed in a subsequent blog post.

J&K RTI Act applicable to central offices

State Information Commission Missive Triggers Debate

FAHEEM ASLAM

Srinagar, Apr 27: What has sparked off a fresh debate on the J&K Right to Information Act (2009), the State Information Commission has shot off a missive to all the central government offices working within the territorial jurisdiction of the state, informing them that they were falling under the purview of the legislation.

THE LETTER

The two-page letter, copy of which is with Greater Kashmir, has asked such offices to immediately appoint the Public Information Officers (PIOs), Assistant Public Information Officers (APIOs) and 1st Appellate Authority to facilitate provision of information to the RTI applicants.

The SIC has cited the definition of the “Public Authority” for having the central offices under the ambit of the J&K RTI Act. “The J&K RTI Act 2009 provides public authority as any authority or body or institution of self-government established or constituted by or under the Constitution of India or the Constitution of Jammu and Kashmir, by any other law made by the Parliament, by any other law made by the State Legislature, by notification issued or order made by the Government and includes any body owned, controlled or substantially financed, non-government organization substantially financed, directly or indirectly by funds provided by the government,” the letter reads. “Hence the J&K RTI Act 2009 brings in its sweep all the Public Authorities functioning within the territorial jurisdiction of Jammu and Kashmir.”

The SIC has asked the central departments that the applications from information seekers in J&K be entertained and disposed of as per the provisions of the J&K RTI Act of 2009.

EXPERTS SPEAK

The letter has generated interest among the RTI activists and observers, many of whom would be under the impression that the J&K RTI Act was not applicable to central offices in the state, which are falling under the purview of the Central Right to Information Act of 2005.

Experts believe the SIC missive raises some fundamental questions. “The Central RTI Act does not apply to J&K. This means that the public authorities under the state’s jurisdiction will not be liable to give information under this law unlike other 27 states in India. However this is a law intended to give effect to the implied fundamental right to information that is a part of the right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Indian Constitution. That right is available to citizens in J&K also,” says Venkatesh Nayak, coordinator at the Commonwealth Human Rights Initiative (CHRI) New Delhi, a premiere non-governmental organization.

Nayak said if the JKSIC’s instructions are to be valid, it must be shown that J&K State Legislature has the power to pass a law that binds Central Government offices if they are stationed in that state. “I will wait upon constitutional experts to clear the matter. For the JKSIC’s instructions to be valid they must be based in law,” he said.

On the grounds of practicality, Nayak said, it would be “simply absurd” to say that Central Government offices in J&K will be subject to two separate sets of RTI Rules—one issued by the Centre and another by the State. “They will also be subject to the jurisdiction of two Information Commissions for the information they hold or control. What would happen if one Commission ordered disclosure and another ordered confidentiality for the same kind of information sought by one or more applicants? It would create confusion only,” he said.

He said to avoid this confusion “we had suggested the following to the State Government while analyzing the J&K RTI Bill in 2009 itself.”

The suggestion reads: “3.1 Clause (iii) of sub-section (b) of section 2 defines the competent authority in the executive sphere in J&K. The Governor has been made the competent authority for the purpose of making rules applicable to public authorities other than the legislature and the judiciary. The current formulation of this provision in the Bill includes authorities constituted by or under the Constitution of India in addition to those established or constituted under the Constitution of J&K. This is likely to create problems regards jurisdiction. For example, offices of any Department, agency or public sector enterprise established or constituted by the Government of India but functioning in J&K will become obligated to provide information under this provision. This is undesirable as citizens living in J&K can already access information from such bodies under the Central RTI Act. The Bill should ideally cover only those bodies in J&K which do not come under the purview of the Central RTI Act in order to avoid confusion. CHRI recommends that the Bill clearly state that the reference is to public authorities established and operational in J&K.”

However, Nayak said, the suggestion was ignored and a copycat phrase from the Central RTI Act was allowed to be adopted in the J&K RTI Act. “I only hope this does not lead to a mess that will harm RTI in the State. That would be a sad day,” he said.

GOING BY THE ACT: CIC

The Chief Information Commissioner, GR Sufi, said the SIC has gone by the Act in issuing the circular. “I am going by the Act of the state. I have to implement the Act which is passed by the state and have therefore asked the central departments to adhere to its provisions,” he told Greater Kashmir.

Asked whether the state was competent to pass a law which brings central departments in its fold, he said. “It is not for me to examine the legal validity of certain provisions of the Act. I am entrusted to implement the Act and I am working in that direction.”

‘NOTHING WRONG IN IT’

Clearing the air, senior Counsel, Zaffar Shah, agrees that the state legislature can bring central offices under fold in its legislations. “See the law applies within a territory. This law of RTI is applicable within the territory of J&K and whosever operates within this territory is obliged to follow it,” he said.

He said there are laws like the Administrative Tribunals Act which provides that wherever the central government offices may be in any part of India and in case there is any controversy therein, the case must go to the tribunal. “So that law applies irrespective of the place of location of these central government servants,” he said. “The difference between the two is that Central RTI Act does not apply to J&K, therefore the JK law brings them within its purview,” he added.

SIC ORDER VALID: RIYAZ JAN

Senior advocate, Riyaz Jan, believes that there was nothing wrong in the SIC missive. “The seat of authority of the officers who have been called up by the SIC to respond to RTI applications is Jammu and Kashmir. And any law operating in the state is a binding upon them to follow,” he said.

Jan asserted that the state legislature was competent to make a law which would bring in its fold all the officers, including the central ones. “Nobody is above the law. State legislature is competent enough to make a law which would apply to all howsoever high he or he may be. And everybody has to adhere to the law,” he said.

WE ARE RIGHT: GOVT

When contacted, the Secretary, State Law Department, GH Tantray said the state legislature was competent to make a law which would apply to central offices in the state. “The Prevention of Corruption Act is a state law but it also applies to central officials working within the territorial jurisdiction of the state,” he said. “Similar is the case with the J&K RTI Act of 2009. I don’t think there is any problem in such a legislature.”

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URL: http://www.greaterkashmir.com/news/2011/Apr/28/j-k-rti-act-applicable-to-central-offices-35.asp

We are providing for the first time, online, the J&K Public Services Guarantee Act of 2011.  The date of gazetting is unclear but it seems to have been gazetted on 13 April 2011.

Download (DOC, 71KB)

From Page 3 of the 23 April 2011 edition of Early Times:

Constitute committee on pattern of Lokpal panel: JK RTI activists

4/23/2011 12:14:32 AM

Early Times Report

SRINAGAR, April 22: RTI activists in Jammu and Kashmir are demanding constitution of a committee on the pattern of Lokpal bill panel to recommend changes in various legislations for rooting out corruption from the state.

“Our core demand is that the Jammu and Kashmir government must constitute a drafting committee to comprehensively study and make recommendations for State Vigilance Commission Act, State Accountability Commission Act, J&K Prevention of Corruption Act and Lokpal Bill being drafted at the Centre,” Muzaffar Ahmad, a member of the RTI movement said.

He said the proposed committee should include relevant state ministers, government officials and representatives of the civil society like former judges, former vigilance officials and anti-corruption experts.

“We have already written to the Chief Minister (Omar Abdullah) in this regard several times,” he said.

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From Page 1 of the 25 April 2011 edition of Kashmir Images:

Note: The hands are Dr. Muzaffar, Tanveer Hussain, Dr. Ghulam Rasool

From the 25 April 2011 edition of the Srinagar edition of Kashmir Times:

Anti-corruption wave reaches Valley: Civil society holds candlelight vigil against growing menace

* Published:4/24/2011 12:35:00 PM

* Updated: 4/24/2011 11:48:38 AM

* By: IRFAN QURAISHI

SRINAGAR, Apr 24: Activists, students, and citizens held a torch and candle light vigil at Press enclave here today, to protest against the growing corruption menace in Jammu and Kashmir.

Raising slogans like “enough is enough!”, “No more excuses from Government”, and holding placards, reading “book corrupt bureaucrats and politician under public safety act (PSA)”, the protestors demanded the formation of a Joint Drafting Committee to prepare a comprehensive anti-corruption legislation for the state.

A signature campaign against the menace of corruption was also held on the occasion.

J&K RTI Movement activists along with members of Senior Citizens Civil Society, Kashmir Revolutionary group, Youth Parliament JK, VIVA Kashmir, ANHAD, and students also participated in evening vigil demonstration proramme to support the cause.

Pertinently, the vigil came two weeks after the activists released an open letter to the state government, condemning many flaws in the State Vigilance Commission Act of 2011 that were designed to make the SVC toothless and subordinate to the state government.

The vigil also comes in the wake of Anna Hazare’s hunger strike campaign that prompted the Union Government to form a 10-member Joint Drafting Committee comprising union cabinet ministers and representatives of civil society to prepare Lokpal legislation to be tabled in the Parliament.

During a press brief, convener J&K RTI Movement, Dr. Muzaffar Bhat, said: “The people of Jammu and Kashmir expect the same treatment as citizens in rest of India. We can not be treated like second class citizens when it comes to combating corruption with serious legislation. The government must constitute a Joint Drafting Committee that comprises the best legal minds in J&K, include the relevant cabinet ministers, a nominee from each of the opposition parties, and nominees from civil society including retired justices of the High Court, retired SVO and government officials, senior advocates and civilian anti-corruption experts.”

Bhat further said, “This panel should have the mandate to study the State Vigilance Commission Act of 2011, State Accountability Commission Act of 2003, J&K Prevention of Corruption Act of 1946, and the proposed Lokpal legislation being drafted at the Centre. Their recommendations for comprehensive, effective anti-corruption legislation might include replacing the SVC (which covers bureaucrats) and the SAC (which covers ministers) with Lokpal or Lokpal type legislation (which covers both). We have already submitted to the Government a panel of names of the best legal and anti-corruption minds in the state, and there is really no excuse for the government to drag its feet any longer unless it is actually not serious to eradicate corruption.”

In a statement issued here to the press, Dr. Sheikh Ghulam Rasool of the J&K RTI Movement said, “We have communicated the Chief Minister and Chairman of the Coordinating Committee Saiffudin Soz, and they have asked us to submit a list of recommendations. The Chief Minister has also told the media that the matter would be discussed in the next cabinet meeting. However, simply submitting a list of recommendations is unacceptable, because we have had bad experiences with this government in the past, and because the changes that must be made are too complex to be addressed in a simple memorandum.”

He further said, “In the past, civil society’s recommendations for laws were invited but then ignored by the government. This had happened with the preparation of the J&K RTI Act of 2009 back in February 2009, when the CM had the draft RTI Bill posted on the GAD website and then asked us to submit our recommendations. We gathered India’s best RTI experts and we prepared and submitted several excellent recommendations, but they were completely ignored. The government did not invite us to discuss our suggestions, they ignored our opinion pieces in state newspapers discussing the changes, and they even left typos we identified in the JKRTI Bill and gazetted versions.

“Then they did crazy things like fixing the fees to make them the highest in India. The ‘civil society consultation’ on RTI was all a big joke. We have no reason to trust the Government this time around when they ask for a list of recommendations. We feel it will be the same experience with the Vigilance Commission Act, and this is one of the reasons why we demand a Joint Drafting Committee that involves ministers and legal experts. Otherwise, the Government will not take this exercise seriously and they will play tricks with the people, like they’ve done already with the SVC Act.”

“As a purely practical matter, a Joint Drafting Committee is also essential because are many changes that need to be made to the SVC Act that would require many hours of discussion to refine the language, the clauses and to harmonize the provisions with each other, especially since the problems involve not just the SVC Act but also the POCA. This is an exercise that requires a proper drafting committee, and it can’t be reduced to a simple a list of recommendations for the Government to accept or reject on a whim like with the RTI Act,” he adeed.

Chief Spokesman Senior Citizens Civil Society, Nassarullah Shah, while speaking to media said, “Some people in the government have suggested us to wait until the Centre passes the Lokpal bill, but this is an unacceptable excuse to do nothing now and just ‘kick the can down the road.’ When the Central RTI Act was passed in 2005, the Chief Minister was then the Leader-of-the-Opposition. At that time, Mr. Abdullah pledged his party’s support for a stronger RTI Act for J&K. Even Sonia Gandhi wrote to the then Chief Minister, and he then pledged his support. But nothing actually happened until the current Government was formed 4 years later. Even then, it took this Government another 2 years until the Chief Information Commissioner was finally appointed last January! So we are 6 years behind the rest of India on RTI implementation. Given this experience, why should we wait another 6 years for stronger anti- corruption laws in J&K? Do they think we are naive or idiots?”

Tanveer Hussain Khan, Human Rights activist and RTI activist, while commenting said: “When a J&K government official or bureaucrat says ‘let us wait and see’, what they really mean is that they have no intention of doing anything. We cannot accept that. Enough is enough! The Government must act now and form a drafting committee. If it does not, then the people will see it is not sincere about fighting corruption.

URL: http://www.kashmirtimes.com/news.aspx?ndid=5455&ct=kashmir

From Page 5 of the 25 April 2011 edition of the Daily Excelsior:

Candle light protest in Valley against corruption

Excelsior Correspondent

Srinagar, Apr 24: A group of civil society activists carried out a candle light protest here this evening and raised their demand for the formation of a joint drafting committee in order to prepare comprehensive anti-corruption legislation for the State.

The civil society activists under the banner of Jammu & Kashmir Right to Information (JKRTI) Movement assembled here and raised banners and placards in order to put across their demand for the formation of joint drafting committee. They lit bonfire and also burnt candles in order to carry forward the message.

“The Government should constitute a joint drafting committee so that a comprehensive anti-corruption legislation is made for the state. This committee should comprise best legal experts, relevant Cabinet Ministers, a nominee from the opposition parties and a nominee from civil society including retired judges of the High Court, retired SVO and government officials,” said Dr. Raja Muzaffar convener of Movement.

He said that this panel should have the power to bring about the legislation for invoking Lokpal legislation and also to study the State Vigilance Commission Act, 2011, State Accountability Commission Act, 2003 and Jammu & Kashmir Prevention of Corruption Act, 1946.

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From Page 3 of the 25 April 2011 edition of Rising Kashmir:

RTI movement holds candle protest against corruption

Sameer Showkin

Srinagar, April 24: The J&K Right to Information Movement (J&KRTI) along with other non-government organizations Sunday held candle-light demonstrations against corruption in the state.

Addressing the rally, J&K RTI president, Dr Muzzafar Bhat urged government to implement Lokayukta type of bill in Kashmir.

Bhat said that the ‘Locapal bill’ can’t be implemented in Kashmir as per article 370. “But we appeal the government to pass the same sort of bill in the state to stop the corruption in the state.

Bhat also said the people of Kashmir should be treated same as the people of India. ”We cannot be treated as second class citizens when it comes to combat corruption with serious legislation”

Muzzafar urged for the creation of ‘Joint Drafting Committee’ that should comprise the best legal minds of J&K and relevant cabinet ministers, a nominee from civil societies and retired justices and other anti-corruption experts.

Muzzafar was flanked by the senior vice president of Awami National Conference Muzzafar Ahmad Shah. Shah has already announced valley wide protests against corruption. Both Shah and Bhat recommended for Lokayukta type legislation.

The activists were demanding that the corrupt people who are sitting in the higher ranks should be punished and detained under PSA.

RTI activist from Dalgate said there is a lot of embezzlement going in the save Dal project. “These officials have made this land a hell. They are all corrupt.”

They threatened the authorities to stop the corruption in the state otherwise they have to face serious consequences of it.

They later moved towards Lal Chowk with candles in their hands to protest against corruption in the State.

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URL: http://risingkashmir.com/news/rti-movement-holds-candle-protest-against-corruption-8922.aspx

From Page 4 of the 25 April 2011 edition of Greater Kashmir:

Civil society holds candle light vigil

Seeks Anti-Graft Legislation On Lokpal Bill Pattern

COMBATING CORRUPTION

SAMAAN LATEEF

Srinagar, Apr 24: Dozens of social activists on Sunday evening held a candle light vigil here to stress the State Government to draft an anti-corruption legislation on the lines of Lokpal Bill at Centre.

Chanting slogans “enough is enough”, the activists assembled at Press Enclave here demanding the formation of joint Drafting Committee comprising representatives from Government and Civil society to prepare comprehensive anti-corruption legislation for the State.

Praising the seriousness of the Centre for drafting anti-corruption Lokpal Bill, J&K RTI Movement convenor, Dr Muzaffar Bhat, said, “We cannot be treated like second-class citizens when it comes to combating corruption with serious legislation. The people of J&K expect the same treatment as citizens of India. The formulation of Lokpal Bill at Centre is at final stage. Since the State has separate constitution, we want an anti-corruption legislation on the lines of Lokpal Bill.”

Bhat said, “We demand a Joint Drafting Committee comprising best legal luminaries in the State, Ministers, representatives from opposition parties and civil society and retired jurists for drafting the legislation.”

Elaborating the demand, he said the panel should have the mandate to study the State Vigilance Commission Act of 2011, the State Accountability Commission Act of 2003, the Prevention of Corruption Act of 1946 and the proposed Lokpal legislation.

The vigil was supported by the J&K RTI Movement, the Pensioner’s Welfare Association, the Senior Citizens Civil Society, Youth Parliament of J&K, Kashmir Economic Alliance and other civil society groups.

“Book corrupt officials and ministers under the Public Safety Act (PSA)” shouted an activist during the event.

Saying that J&K RTI movement does not intend to be part of the Committee, Dr Muzaffar Bhat said, “Our State being the second top corrupt States in the country needs tough anti-corruption laws.”

Commenting on State’s response on corruption, another RTI activist Dr Sheikh Ghulam Rasool said, “We have communicated to the Chief Minister, Omar Abdullah, about the panel and he has asked for recommendations. But, submitting a list of recommendations is unacceptable as we have bad experiences with this government in the past regarding formulation of J&K RTI Act.”

He said, “A joint Drafting Committee is essential because SVC Act needs many changes including language, the clauses and to harmonize the provisions with each other.”

Awami National Conference vice-president, Muzaffar Shah also participated in the vigil.

Kalpana Tickoo, a Delhi-based Kashmiri who also attended the protest, said we have to look within ourselves to weed out corruption.

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URL: http://www.greaterkashmir.com/news/2011/Apr/25/civil-society-holds-candle-light-vigil-54.asp

See news articles for additional details of the vigil.

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From the Hindustan Times (epaper not yet available):

Kashmir demands own Lokpal bill

HT Correspondent, Hindustan Times

Srinagar, April 24, 2011

First Published: 18:34 IST(24/4/2011)

Last Updated: 18:36 IST(24/4/2011)

The spark set alight by veteran social worker Anna Hazare against corruption continues to motivate activists in Kashmir. A vigil was held by dozens of social activists in Srinagar on Sunday, to put pressure on the government to get serious about the “monster called corruption”. “The work is on to finalise the Lokpal Bill draft in the Centre. Since Kashmir has separate a constitution we want a parallel process to draft an anti-corruption legislation,” said well-known RTI activist Muzaffar Bhat, a doctor by profession, while sitting on a vigil in Srinagar’s Lal Chowk area, along with other activists.

The activists demand that a joint panel of civil society and the government be formulated to draft a legislation to tackle corruption on the line of the Lokpal bill. “We demand a join panel. A retired judge from the government side with MLAs, MLCs and both ruling and opposition parties’ leaders should be the panel members. The government can also include other legislators. From the civil society, lawyers, teachers, professors and other should represent the common man,” said Bhat.

The vigil was supported by the J&K RTI Movement, the Pensioner’s Welfare Association, the Kashmir Revolutionary Student Group, the Senior Citizens Civil Society, Youth Parliament of J&K, Kashmir Economic Alliance and other civil society groups. The activists were carrying banners like ‘Enough is enough’, ‘Book corruption officials and ministers under the Public Safety Act (PSA)’.

“No more excuses from the government about anti-corruption legislation,” shouted an activists. “We are not second class citizens. We expect the same as those in the rest of India, which will benefit from the Lokpal drafting committee’s work,” said Bhat.

The activists demanded a drafting committee to comprehensively study and make recommendations for the State Vigilance Commission Act of 2011, the State Accountability Commission Act of 2003, the J&K Prevention of Corruption Act of 1946 and the the Lokpal legislation being drafted at Centre.

“Our laws are too weak to take on corrupt persons. Since we top corrupt states of India, we need a tougher legislation. Harsh PSA should be used against the corrupt. Our anti-corruption bodies should not be just recommendatory bodies but should be able to take disciplinary action,” said Bhat, who cleared that the J&K RTI movement does not intend to be part of the panel, but will help in identifying genuine people from the civil society.

“We have already written to chief minister Omar Abdullah several times. If the CM is serious to nip corruption then he should deliver now. We can also take help of anti-corruption laws in vogue in other countries to make our legislation to deliver positively,” said Bhat.

A survey on corruption has put Jammu and Kashmir on second number in India.

URL: http://www.hindustantimes.com/Kashmir-demands-own-Lokpal-bill/Article1-689163.aspx

ENOUGH IS ENOUGH!!!

NO MORE EXCUSES FROM THE J&K GOVERNMENT ABOUT ANTI-CORRUPTION LEGISLATION! WE ARE NOT SECOND-CLASS CITIZENS; WE EXPECT THE SAME AS THOSE IN THE REST OF INDIA WHO WILL BENEFIT FROM THE LOKPAL DRAFTING COMMITTEE’S WORK!

A J&K JOINT DRAFTING COMMITTEE WITH CIVIL SOCIETY MUST BE FORMED TO PREPARE STRONG ANTI-CORRUPTION LEGISLATION FOR OUR STATE!  THE GOVERNMENT HAS ALREADY HAD ITS OPPORTUNITY TO PREPARE STRONG ANTI-CORRUPTION LAWS, AND WITH THE SVC ACT OF 2011, IT HAS FAILED MISERABLY!  NO MORE EXCUSES!  NO MORE DELAY TACTICS!

The J&K RTI Movement, the Pensioner’s Welfare Association, the Kashmir Revolutionary Student Group, the Senior Citizens Civil Society, Youth Parliament of J&K,  Kashmir Economic Alliance, and other civil society groups WILL BE HOLDING A VIGIL AGAINST CORRUPTION THIS EVENING at 6PM, STARTING at the PRESS ENCLAVE, THEN MOVING TOWARDS LAL CHOWK.

OUR CORE DEMAND IS THAT THE GOV’T OF J&K MUST CONSTITUTE A DRAFTING COMMITTEE TO COMPREHENSIVELY STUDY AND MAKE RECOMMENDATIONS FOR:

1. The State Vigilance Commission Act of 2011
2. The State Accountability Commission Act of 2003
3.The J&K Prevention of Corruption Act of 1946
4.The Lokpal legislation being drafted at Centre

THE COMMITTEE SHOULD COMPRISE OF THE RELEVANT MINISTERS, AND REPRESENTATIVES OF CIVIL SOCIETY (former Justices, former SVO officials, anti-corruption experts, etc).

WE HAVE ALREADY WRITTEN TO THE HON’BLE CM IN THIS REGARD SEVERAL TIMES (in particular see blog posts A and B and associated news posts on our blog). THE CM HAS NOT MADE ANY COMMITMENTS TO FORM A DRAFTING COMMITTEE TIL DATE.

From the Kashmir Monitor:

Change obsolete corruption laws

RTI activists to hold rally

By Monitor News Bureau

Created: 4/23/2011 12:02:25 AM

Srinagar: RTI activists in Jammu and Kashmir have demanded the constitution of a committee on the pattern of Lokpal bill panel to recommend changes in various legislations for rooting out corruption from the state.

“Our core demand is that the Jammu and Kashmir government must constitute a drafting committee to comprehensively study and make recommendations for State Vigilance Commission Act, State Accountability Commission Act, J&K Prevention of Corruption Act and Lokpal Bill being drafted at the Centre,” well known state RTI activist, Muzaffar [Bhat] Ahmad said in a statement here Friday.

According to him the proposed committee should include relevant state ministers, government officials and representatives of the civil society like former judges, former vigilance officials and anti-corruption experts.

“We have already written to the Chief Minister Omar Abdullah in this regard several times,” he said.

He said the RTI movement will be holding a rally against corruption in civil lines area of Srinagar on Sunday. RTI activists and supporters would take out a candle light march from the Press Colony to Lal Chowk, he added.

The vigil, Muzaffar said, was earlier planned on April 9, to support Anna Hazare’s fast against corruption, but had to be postponed due to the killing of Jamiat-e-Ahli Hadees chief Moulvi Showkat Ahmad Shah in an IED blast that day.

Main demand of the RTI movement is that the government should set up a joint drafting committee for a comprehensive study of the state Vigilance Commission Act, Accountability Act and Prevention of Corruption Act. The committee should also be empowered to make recommendations for necessary changes in the said laws to make them more effective in view of the seriousness of the corruption menace in Jammu and Kashmir.

From 23 April 2011 edition of Greater Kashmir:

Civil Society groups to hold torch rally on Sunday

Srinagar, Apr 22: The J&K RTI Movement and other civil society groups of valley will be holding a vigil against corruption on Sunday (April 24 at 6PM), starting at the Press Enclave.

According to the statement, the groups by holding vigil want to remind the state government that it must constitute a drafting committee to comprehensively study and make recommendations for the State Vigilance Commission Act, State Accountability Commission Act, The Lokpal legislation being drafted at Centre and J&K Prevention of Corruption Act.

“The committee should comprise of the relevant ministers, officials, and representatives of civil society (former Justices, former SVO officials, anti-corruption experts,” said Dr Sheikh Ghulam Rasool, Co-Convenor JK RTI Movement.

“We have already written to the chief minister in this regard several times. The chief minister has not made any commitments to form a drafting committee till date, and has suggested to media that the whole matter would be discussed at the next cabinet meeting,” he added.

URL: http://greaterkashmir.com/news/2011/Apr/23/civil-society-groups-to-hold-torch-rally-on-sunday-41.asp

From Page 4 of 23 April 2011 edition of Kashmir Images:

Perceptive RTI Act

IRFAN ALI BANKA

Dear Editor,

One of the greatest developments with regard to empowering common people is the Right to Information Act. The Act is key for the masses to check the functioning of the government offices and departments and, when found wrong in any case, also challenge them in the court of law. The Act thus empowers a common man to be a part of the administrative mechanism and make sure that processes are going on smoothly and transparently. But unfortunately neither the government employees nor the common masses seem to know what exactly the Act is all about. This lacunae is marring many a processes and hampering transparency in government departments.

The Right to Information Act which has been moving ahead with ups and downs in its way with, sometimes, the RTI Activists being arrested, in Jammu and Kashmir State. Since 2009 under the title “Jammu and Kashmir RTI Movement” is still unknown to the persons working at root levels in the Government Departments. If these people are frightened that RTI will be filed against them, they do not bother about it because they do not know what RTI is. Even if J&K RTI Act Activists like Dr Muzaffar Bhat and Dr. Gh. Rasool have been holding workshops in different rural and urban areas so as to make the people aware that the tall claims of the Government can be exposed. And also that the act demands the government employees transparent and accountable before people using the RTI Act as a tool, yet in Government Departments the employees are following their whims without bothering about the responsibilities that they actually have. Here the need is that every Government Employee should be familiar with the power of RTI Act. It will bring complete peace and transparency and there will be no harassment faced by a common who would be empowered to expose the malpractices in government departments.

Different Schools in which the students who possess the eligibility criteria have not been facilitated with minority scholarships should file RTI. In many schools teachers and lecturers who are actively to teach the students are absent as they have been kept busy by the Government sometimes with Election duty and sometimes with Census Duties and so on. “For the last fifteen days only six lectures have been delivered”, is the statement given by the suffering students of 12th class of a Government Higher Secondary School located in Magam Town of District Budgam. So here the teachers should understand their profession and file the RTI Act against Government for engaging them with other works. My dreams are to see every person using the tool of RTI Act.

RTI Activist

http://dailykashmirimages.com/details.aspx?ID=10783&CatNewsId=-1

From the Indian Express, 22 April 2011 (print edition not yet available)

Constitute committee on pattern of Lokpal panel: J-K RTI activists

Agencies Posted online: Fri Apr 22 2011, 12:34 hrs

Srinagar : RTI activists in Jammu and Kashmir are demanding constitution of a committee on the pattern of Lokpal bill panel to recommend changes in various legislations for rooting out corruption from the state.

“Our core demand is that the Jammu and Kashmir government must constitute a drafting committee to comprehensively study and make recommendations for State Vigilance Commission Act, State Accountability Commission Act, J&K Prevention of Corruption Act and Lokpal Bill being drafted at the Centre,” Muzaffar [Bhat] Ahmad, a member of the RTI movement said.

He said the proposed committee should include relevant state ministers, government officials and representatives of the civil society like former judges, former vigilance officials and anti-corruption experts.

“We have already written to the Chief Minister (Omar Abdullah) in this regard several times,” he said.

Ahmad said the RTI movement will be holding a rally against corruption on residency Road in Lal Chowk area on Sunday.

The vigil was earlier planned on April 9, to support Anna Hazare’s fast against corruption, but had to be postponed due to the killing of Jamiat-e-Ahli Hadees chief Moulvi Showkat Ahmad Shah in an IED blast that day.

URL: http://www.indianexpress.com/story-print/779803/