The Jammu and Kashmir High Court has ruled that the Central Information Commission (CIC) cannot sit over appeals and keep them undecided for years. The court directed the CIC to take measures to expedite the disposal of pending appeals under the Right to Information (RTI) Act.
Court's Directive on Pendency
A division bench of the High Court, while hearing a public interest litigation (PIL), observed that prolonged delays in deciding RTI appeals defeat the very purpose of the transparency law. The court stated that the CIC must ensure that appeals are resolved within a reasonable timeframe, as mandated by the RTI Act.
The bench noted that the RTI Act stipulates a time limit for deciding appeals, but in practice, many cases remain pending for years. The court emphasized that such delays undermine citizens' right to information and erode public trust in the system.
Measures to Clear Backlog
The High Court directed the CIC to implement measures to clear the backlog of pending appeals. This includes increasing the number of benches, utilizing technology for virtual hearings, and prioritizing older cases. The court also asked the commission to submit a compliance report within three months.
According to the petitioner, there are thousands of appeals pending before the CIC, some for more than five years. The court expressed concern that the commission's inaction violates the statutory mandate and the constitutional right to information.
Impact on Transparency
The ruling is expected to have significant implications for transparency and accountability in government. The RTI Act is a key tool for citizens to access information and hold authorities accountable. Delays in deciding appeals can render the law ineffective.
Advocate representing the petitioner argued that the CIC's failure to decide appeals in a timely manner amounts to a denial of justice. The court agreed, stating that the commission must function efficiently to uphold the spirit of the RTI Act.
The High Court's order is seen as a strong message to information commissions across the country to expedite their proceedings. It reinforces the principle that access to information is a fundamental right that cannot be delayed.
