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RTI applicable to Union govt offices in J&K: HC
Vijay Mohan/TNS

Chandigarh, August 8
In an important judgement, the Delhi High Court has ruled that the Right to Information (RTI) act is fully applicable to central government organisations located in J&K.

Holding the stance of the Union of India in withholding information pertaining to the death of an Army captain posted in J&K from his family on the grounds that the RTI Act was not applicable in the state as “erroneous” and has imposed costs on the government.

Chandigarh resident Veena Kohli had sought copies of the FIR, ballistic, forensics and post-mortem reports and other related information pertaining to the death of her son, Capt Sumit Kohli in 2006 from the Army. Another appellant, Akansha Lal had sought copies of a court of inquiry instituted against her husband, Major General A K Lal, who was then posted in J&K.

In both the cases, the Army had denied information on the grounds that RTI was not applicable in J&K. On appeal, the Chief Information Commission negated the stand of the Army and held that central government establishments wherever located, would come squarely under the Act and could not get exemption merely because they are located in areas to which the Act does not extend.

The CIC directed that the information sought by the appellants be provided to them within a stipulated period, but the Army moved the High Court against the CIC’s orders.

The High Court observed that Section 1(2) of the RTI Act that stated it did not extend to the state of J&K only meant that if there were public authorities under the control of the state of J&K and located exclusively within the state and they held information, then such information could not be accessed under the RTI Act. The idea behind this is that there should be a separate enactment for J&K.

Upholding the CIC’s directions, the HC ruled, “This by no stretch of imagination can mean that where the offices and establishments of the central government, including the army, are located in the state of J&K, no application can be made under the RTI Act to seek information. Further, the mere fact that the Army personnel are in J&K does not preclude them or their relatives from seeking information concerning themselves through the RTI Act.”