Srinagar, July 5: The High Court of Jammu & Kashmir and Ladakh has declined to direct the Central Information Commission (CIC) to dispose of second appeals from Jammu and Kashmir within a mandatory period of 45 days, holding that such a timeline is not provided under the provisions of the Right to Information (RTI) Act, 2005.
A Division Bench comprising Justice Sanjeev Kumar and Justice Mohd Yousuf Wani delivered the ruling while disposing of a Public Interest Litigation (PIL) filed by a resident of Uri in Baramulla district, who had sought judicial intervention for the speedy disposal of RTI appeals pending before the Central Information Commission.
The petitioner urged the Court to direct the Commission to decide all second appeals, particularly those originating from Jammu and Kashmir, within 45 days. He also requested the establishment of a structured and time-bound mechanism for the disposal of appeals and complaints. Besides, several recommendations aimed at improving the functioning and efficiency of the Commission were placed before the Bench for consideration.
During the hearing, the Central Information Commission informed the Court that it was facing serious infrastructural limitations and a substantial backlog of second appeals and complaints, making it impractical to comply with any fixed timeline for disposal.
After examining the legal framework, the High Court observed that the RTI Act, 2005 does not prescribe any statutory deadline for deciding second appeals or complaints. The Bench held that, in the absence of such a legal mandate, it could not issue a direction compelling the Commission to dispose of cases within 45 days.
However, the Court made it clear that the absence of a statutory timeline cannot be used as a justification for prolonged delays. It observed that appeals should not remain pending for years and stressed that the Commission must make sustained efforts to improve its efficiency and ensure the expeditious disposal of pending matters.
The Division Bench further directed the Central Information Commission to take appropriate measures, within the limits of its available infrastructure and resources, to strengthen its disposal mechanism, reduce the existing backlog, and ensure timely handling of newly filed appeals and complaints.
While disposing of the PIL, the High Court also observed that the Commission may examine the suggestions submitted by the petitioner and consider implementing those found to be practical, genuine, and capable of enhancing the institution’s overall functioning and efficiency.(KNC)
