Law Department Denies Information on Reservation Report Under RTI, Cites Confidentiality Clause
Srinagar, Oct 30, KNT: The Jammu and Kashmir Department of Law, Justice and Parliamentary Affairs has refused to share details regarding the Cabinet Sub-Committee (CSC) report on reservation, citing confidentiality provisions under the Right to Information (RTI) Act, 2005.
The department, in an order issued by Central Public Information Officer, stated that the information sought by applicant Sheikh Mohammad Imran of Bohri Kadal, Srinagar, falls within the scope of Section 8(1)(i) and Section 11 of the RTI Act, which exempt disclosure of cabinet papers, including records of deliberations of the Council of Ministers, secretaries, and other officers.
The application, received by the department, had sought details about whether the CSC report on reservation had been received by the Law Department, the date of receipt, the current status of its examination, and any clarifications sought from the Social Welfare or General Administration Departments.
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In response, the department said: “The information sought is under examination and cannot be furnished in terms of Section 8(1)(i) of the RTI Act, 2005, as the matter is yet to be examined and finalized. Disclosure of preliminary or unfinalized reports may lead to confusion and misunderstanding, thereby prejudicing the deliberative process involving larger public interest.”
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It added that the matter involves a third-party component, thereby invoking Section 11 of the RTI Act, which prohibits disclosure of such information without the consent of the concerned third party.
On other queries, including reasons for delay in the report’s transmission to the Law Department and whether clarifications were sought from related departments, the CPIO responded that “no such information is available in the department.”
The order further advises the applicant that if not satisfied, an appeal may be filed before Ms. Villy Koul, Special Secretary to Government, Department of Law, Justice and Parliamentary Affairs, within 30 days of the order’s issuance. [KNT]
