J&K High Court Issues Notice On Plea Seeking Time-Bound Disposal Of RTI Appeals Before Central Information Commission

The Jammu & Kashmir High Court has issued notice in a Public Interest Litigation (PIL) by the petitioner, seeking directions for the timely disposal of second appeals filed under the Right to Information Act, 2005, before the Central Information Commission (CIC), New Delhi, particularly those emerging from the Union Territory of J&K.The petition is filed by Junaid Javid, a 28-year-old RTI and social activist from Baramulla, who alleges systematic delay in listing and adjudicating second appeals from J&K; urges a 45-day disposal norm in line with the RTI Act's time-bound spirit.A Division Bench of Chief Justice Arun Palli, Justice Rajnesh Oswal passed the notice after a preliminary hearing on the plea, which underscores significant delays by the CIC in adjudicating second appeals, with some pending for over five months without listing or hearing.The petitioner submitted that he had filed several RTI applications to various public authorities in J&K. Dissatisfied with non-response or incomplete replies, he filed first appeals under Section 19(1), and subsequently lodged second appeals before the CIC. These included appeals filed against the Executive Engineer PDD, Social Welfare Department, and the Tehsildar Uri, all of which remain unheard since late 2024 and early 2025.The PIL emphasises that the RTI Act was enacted to ensure timely access to information. It points out that while the Central Act does not explicitly set a deadline for disposal of second appeals, the spirit of the legislation and the precedents from the erstwhile J&K RTI Act, 2009 (which mandated a 60–120 day disposal window) demand urgency and accountability.The petition asserts that inaction by the CIC violates the petitioner's constitutional rights under Articles 19 and 21, and breaches the principles of natural justice. “The CIC is sleeping over the appeals,” the petitioner stated, claiming that neither hearing dates nor interim orders have been issued.The PIL also draws attention to other citizens facing similar hurdles, including Advocate Mureed ul Islam, who allegedly received no response from public authorities like the J&K High Court and Government Medical College, Srinagar, despite filing RTI applications months ago.Taking note of the submissions, the High Court has issued notice to the Union of India and the J&K Government, calling for a response on the issues raised in the petition. APPEARANCE: Naveed Bukhtiyar Advocate for PetitionersMs. Rehana Qayoom, Advocate, vice Mr. T. M. Shamsi, DSGI. Mr. Bikramdeep Singh, Dy, AG, vice Mr. Mohsin Qadiri, Sr. AAG.FOR Respondent.Case-Title: Junaid Javed vs Union Of India & Ors,2025Click Here To Read/Download Order

J&K High Court Issues Notice On Plea Seeking Time-Bound Disposal Of RTI Appeals Before Central Information Commission

Aleem Syeed

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