(THE COMPLETE TEXT OF THIS COMMUNICATION AND ENCLOSURE THERETO IS ATTACHED IN A COMBINED 38-PAGES pdf FILE WITH THIS MAIL FOR DOWNLOADING AND PRINTING FOR FURTHER PROCESSING IT)
RTIFED/Indians-Foreigners in J&K?/2014/1205
Principal of Equity before Law
10 December 2014
THROUGH E-MAIL
The Prime Minister of India,
New Delhi-110 001.
pmosb@gov.in , pmosb@pmo.nic.in , pmosb@nic.in
Secretary,
Ministry of Law & Justice,
Floor, A-Wing, Shastri Bhawan,
New Delhi-110 001.
secy-jus@gov.in , pk.maljotra@nic.in
General Administration Department
Chief Secretary, Government of Jammu and Kashmir
i. R. No.2/16, 2nd Floor, Main Building,
Civil Secretariat, Jammu – 180001
ii. R. No. 317, 3rd Floor,
Civil Secretariat, Srinagar,
Kashmir – 190001
Are Citizens of Indian Foreigners in
Jammu and Kashmir?
Hon'ble Sir,
I planned to file a RTI Application to the Jammu and Kashmir High Court regarding Section 4 proactive disclosures by that Public Authority. But to my dismay, I was shocked to know that Indian Citizens have been barred under Jammu and Kashmir Right to Information Act 2009 (copy attached as Annexure-2), as only the resident of the State can make request for information under that Act. The Section 3 of the under Jammu and Kashmir Right to Information Act 2009 is reproduced below for your ready reference please:
THE JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009 (Act No. VIII of 2009)
CHAPTER II
Right to Information and Obligations of Public Authorities
3. Right to information – Subject to the provisions of the Act, every person residing in the State shall have the right to information.
The "Government" has been defined in that Act under Section 2(c) as "Government" means the Government of Jammu and Kashmir;"
This means the citizens of India are barred from seeking information about the Public Authorities situated in the state of Jammu and Kashmir, which is claimed to the Integral Part of the country, and as a citizen, we can enjoy the same rights as any other citizen of India. But it is not the case so. The right of the 'Citizen of rest of India' has been undermined, condemned and rendered inferior to that of the residents of 'Jammu and Kashmir' under the Jammu and Kashmir Right to Information Act 2009, and vice-versa in the Right to Information Act 2005.
(THE COMPLETE TEXT OF THIS COMMUNICATION AND ENCLOSURE THERETO IS ATTACHED IN A COMBINED 07-PAGES FILE WITH THIS MAIL FOR DOWNLOADING AND PRINTING FOR FURTHER PROCESSING IT)
RTIFED hopes that a serious consideration shall be given to it and the parity of 'Citizen of India' and 'Resident of Jammu and Kashmir' will be brought at par through suitable executive and / or legislative measures, soon.
The receipt of this communication may please be acknowledged.
The decision or action taken on this communication may invariably be communicated to RTIFED in due course.
While rejoining, the number and date of this communication may please invariably be mentioned.
If no acknowledgement/reply is received, I intend to file RTI Application after a month to know the:
(i) status of implementation of these recommendations; &
(ii) status of action taken on this communication and its latest status,
This communication is sent through electronic media and as such does not warrant any signature.
Thanking you & with Warm Regards,
Very cordially yours,
Surendera M. Bhanot
President RTIFED[1]
Enclosure: as stated please.
This Mail in original is also sent through e-mail to:
- - Chief Justice, Supreme Court Of India, New Delhi
- - Chief Justice, Hon'ble Punjab & Haryana High Court at Chandigarh
- - Central/State Chief Information Commission; in the country
- - Secretary, Department of Personnel & Training GOI New Delhi;
A copy is also sent to all RTI Activists and RTI NGOs as well as Human NGOs for making similar plea to concerned authorities in their state/area of operation.
[1]RTIFED (formerly known as RTI Activists' Federation and conceived and founded by the legendary Advocate H.C. Arora) is a body looking after the rights of the RTI Applicants and keeping an eye over the happenings of the RTI related matters in various states.
Attachment(s) from RTIFED - Surendera M. Bhanot | View attachments on the web
1 of 1 File(s)
Posted by: "RTIFED - Surendera M. Bhanot" <rtifed@gmail.com>
| Reply via web post | • | Reply to sender | • | Reply to group | • | Start a New Topic | • | Messages in this topic (1) |
No comments:
Post a Comment