No records about enactment of PSA

18/04/2019

Shocking it may sound but it is a fact that State Government doesn’t have the files containing records about enactment of Jammu and Kashmir Public Safety Act in 1978, which otherwise is considered as a vital tool to tighten noose around those indulging in anti-national activities. The revelation in this regard was made by none else than the State Home Department before the State Information Commission (SIC) during the proceedings under 2nd Appeal filed by the applicant, who was aggrieved over denial of information by the Public Information Officer and First Appellate Authority of the Home Department. The appellant had approached the Public Information Officer seeking copy of the Cabinet note that formed the basis for enactment of Jammu and Kashmir Public Safety Act in 1978 and also notes which were considered while carrying out different amendments in the Act in the years 1985, 1988, 2002 and 2012. Both the Public Information Officer and First Appellate Authority denied the information to the applicant on the ground that the same was exempted from disclosure in terms of Clause (h) of Sub-Section 1 of Section 8 of the Jammu and Kashmir Right to Information Act, 2009. This led to filing of 2nd Appeal before the State Information Commission.
During the course of proceedings under 2nd Appeal, the Public Information Officer of Home Department reiterated the stand taken while denying information to the applicant. However, the appellant in the 2nd Appeal submitted that he had not sought any information which could prejudicially affect the security of the State anyway. After hearing the parties, the State Information Commissioner Mohammad Ashraf Mir observed, “the decision of Public Information Officer was not inconsonance with the provisions of the J&K RTI Act, 2009 as the first proviso to Section 8(1)(h) provides that there shall be no exemption from disclosure in respect of a decision of the Cabinet, reasons thereof or the material on the basis of which such decision is taken, once the final orders are issued”.
The Public Information Officer cannot deny information to the appellant as the same is not exempted from the disclosure. Moreover, disclosure of information under Section 8(1)(h) is subject to the other exemptions provided in Clauses (a) to (g) and (i) of Section 8(1) of the RTI Act”, the Commission said, adding “even in terms of Section 10 of the RTI Act, the Public Information Officer can severe any part of the information which is otherwise exempted from disclosure. It is a matter of concern that Government doesn’t have the files containing records about enactment of Public Safety Act in 1978 and subsequent amendments made till 2012 but it has preserved records pertaining to several redundant laws. How the Home Department can be so callous about preservation of records of such an important piece of legislation.

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