Court Denies Mandate for 45-Day Disposal Timeline, Calls for Improvement in CIC Operations
In a significant decision impacting the Right to Information (RTI) framework, the Jammu & Kashmir and Ladakh High Court has declined to enforce a strict 45-day timeline for the disposal of second appeals by the Central Information Commission (CIC). The judgment came in response to a public interest litigation (PIL) filed by Junaid Javid, a resident of Uri, Baramulla, seeking expedited handling of appeals, particularly those emerging from Jammu and Kashmir.
Presided over by Justice Sanjeev Kumar and Justice Mohd Yousuf Wani, the court acknowledged the absence of statutory timelines for the disposal of second appeals and complaints under the RTI Act, 2005. However, the bench emphasized that the CIC should not let appeals languish unresolved for extended periods.
The court directed the CIC to enhance its operational mechanisms to address the backlog and efficiently manage the influx of new appeals and complaints. The petitioner had suggested several improvements to the CIC's processes, which the court advised the commission to consider if deemed practical and realistic.
The CIC, in its response, cited infrastructural constraints and the volume of appeals and complaints as challenges to adhering to a specific timeline. The court recognized these challenges but urged the commission to strive for improvements within its operational capacities.
The decision underscores the judiciary's balancing act between enforcing accountability and recognizing operational limitations within governmental bodies. While rejecting the plea for a mandated timeline, the court's directives aim to ensure that the CIC's processes become more efficient and responsive to the public's right to information.
Bottom line:-
Right to Information Act, 2005 does not prescribe a timeline for disposal of second appeals and complaints by the Central Information Commission (CIC). However, CIC cannot keep appeals undecided for an unduly long period.
Statutory provision(s): Right to Information Act, 2005
