Srinagar: Taking strong exception to the delay in deciding Right to Information applications in the union territory, the High Court of Jammu & Kashmir and Ladakh has directed the Central Information Commission to take measures to expedite their disposal, saying the commission cannot sit over the appeals for an unduly long period.
A division bench of acting Chief Justice Sanjeev Kumar and Justice Mohammad Yousuf Wani while disposing of a PIL last week, however, said the court by issuing a mandamus, cannot fix a timeline of 45 days for the CIC for disposal of the second appeals and complaints by the CIC, as prayed for by the petitioner.
The court said the Right to Information Act, 2005 does not lay down any timeline for deciding the second appeals and complaints under the Act.
“However, it cannot be said that the CIC can sit over the appeals for an unduly long period and keep them undecided for years together,” the bench observed.
The bench directed the CIC to look into the matter and take appropriate measures to improve its working, subject to the infrastructural constraints and the inflow of second appeals and complaints.
“The CIC may also do well to consider the suggestions made by the petitioner and make use of them for improving its working, provided they find it genuine and realistic,” it added.
The petition by Junaid Javid through his lawyer Advocate Naveed Bukhtiyar had sought permission to place on record certain suggestions for addressing the pendency of appeals arising from the Union territory of Jammu & Kashmir before the CIC. The court allowed the application.
