By : Siraj ud din Salam
Some Law Makers are Law Breakers in State of Jammu and Kashmir which is hindrance for becoming “CORRUPTION FREE KASHMIR”
“Is continues fraud, corruption ,misuse of government resources which are to be used for personal benefits, favoritism, maintaining of false and illegal data and records etc a reflection of sovereignty and integrity of our nation ? Poor is becoming poorer and rich becomes richer, is it not a sharp sword on the thoughts of common masses?”
The Jammu and Kashmir RTI Act 2009 is a sufficient, efficient and proficient tool which was framed to shoot the bosom of agents enhancing corruption and forwarding nepotism, but unfortunately the same act is utilized by the some government authorities in such a manner that RTI applicant’s bosom gets injury and pains. The transparency and accountability within the government departments is key to safeguard the rights and privileges of general masses. Although Jammu and Kashmir RTI Act 2009 was efficient tool to achieve transparency and accountability but the same act has became the hub of human rights violation due to misunderstanding and harassments of RTI Applicants by the government officers. The provocation, misbehavior and unethical language of government authorities with RTI Applicants has given birth to severe ailments destroying the aims and sentiments of RTI applicants and activists. The same can be best realized when you will meditate over the challenges faced by RTI Applicants.
On 8th may my hearing about a department was in state information commission Srinagar Kashmir, where the concerned officer on chair having the designated as State Information Commissioner was Mr. Mohammad Ashraf Mir at the time of entering the concerned officer highly harassed and misbehaved with me, he state information commissioner Mr. Mohammad Ashraf Mir even not neared my single word.
I humbly request to the Hon’ble State Information Commissioner that 113 days have passed with this case please impose a penalty to PIO if there is a provision in RTI Law ?
By hearing my there words, State Information Commissioner Mr. Mohammad Ashraf Mir immediately ordered his concerned P.A to give the time of 20 days to concerned respondent /PIO after his order to the concerned P.A for allotment of 20days “I quickly respond him by saying that Hon’ble sir please impose some penalty to the concerned respondent/PIO so that he will provide information and SIC Is our only hope to get required information “
The provocation and abusing words narrated by State Information Commissioner Mr. Mohammad Ashraf Mir are as follows:-
“To his PA he told as words as in urdu “iss case ko dismiss karo” after narrating these words he (SIC) by matching his eyes with me told “iss case ko dismiss kardonga, jav jaha janaa hai , jav court mai jav”
The above narrated words of State Information Commissioner Mr. Mohammad Ashraf Mir are the clear and concrete proof for the misbehavior and provocations made by SIC with me. The same is the story with regard to other government officers in content of other RTI applicants and activists. The most painful aspect of the official’s behavior with regards to RTI Applicants is the deformation, allegation by government officers for the involvement of activities of crimes etc as false revenge.
After all these happenings with in the office of State Information Commissioner Mr. Mohammad Ashraf Mir, I rushed to the office of Hon’ble Chief Information Commissioner (CIC) in the next room within same building, I was not allowed to enter the said office as according to the other employees, the Hon’ble Chief Information Commissioner (CIC) is busy with in his own official task. Immediately I sent my latter to Hon’ble Chief Information Commissioner (CIC) for Recalling of the file from the desk of State Information Commissioner Mr. Mohammad Ashraf Mir Via speed post bearing No.EE835703956IN, the actual sketch of my Recalling latter is as under:-
It is submitted as under
- 1. That the aforementioned 2nd appeal under section 16 of Jammu and Kashmir RTI Act 2009 has been filed by the appellant which came up for hearing before Mr. Mohammad Ashraf Mir Hon’ble SIC on 08/05/2018.
- 2. That during the course of hearing the Hon’ble commissioner adopted a partisan and hostile attitude against the appellant in a manner as if he was the spokesperson of the respondent(Department of PHE Baramulla)
- 3. The appellant has lost confidence in the learned commissioner SIC and do not expect fair trail of the appeal at his hand
I refrain from advert to the merits of the case at this stage in this position.
It is therefore prayed that the file titled above may kindly be recalled from the desk of said learned commissioner and be placed before Hon’ble chief information commissioner, for further hearing as no 3rd commissioner is available in state information commission at this point of time.”
For the revenge of the previous happenings, the State Information Commissioner Mr. Mohammad Ashraf Mir sends me the order of another department by Registered Post dated 17/05/2018 which I received on 21/05/2018. The department of which I received the order was the one of which no hearing took place when and the order was full of revenge and miffed with poor language by State Information Commissioner Mr. Mohammad Ashraf Mir. After I received the order I opened it and read it minutely, my inner sight got highly pained because of the order was containing extreme words of abashment, harassments, allegations and several other forms of defamation, all that allegations mentioned by the State Information Commissioner Mr. Mohammad Ashraf Mir in the order is clear sign of poor language in the order regarding me are 100% baseless, false, propaganda, illegal and unethical language .here I stimulate the State Information Commissioner Mr. Mohammad Ashraf Mir to give me actual proof and evidence of the allegations in content of me. Before writing anything as an SIC it is compulsory and obligatory under the shade of law to proven give evidences of the said allegations..
I tell with firm certainly and assurance to Mr. Mohammad Ashraf Mir State Information Commissioner that approach to any legal and investigating agencies like IB, CID, Police to get clearance of my character Mr. Mohammad Ashraf Mir for doing this your all doors are open and I have right to argue you as wrong you did.
Your Excellence Hon’ble Governor, here I want to divert your worthy attention to some challenges issues as:-
Hon’ble Governor the above mentioned facts of Mr. Mohammad Ashraf Mir State Information Commissioner is a nice and pious incident which reflects the challenges one problems faced by the public under the domination of different corrupt officers and bureaucrats
Hon’ble Governor, in the corrupted mechanism of Jammu and Kashmir State there are least chances that a talented, potentialised and dedicated persons will achieve their goals. The corruption system prevailing within Jammu and Kashmir is a smooth platform which hurts the sentiments of dedicated and intelligent educated and honest officers.
It is highly painful bullet shoot for the aspirations of the aspirants when they see a simple L.L.B Person as a commissioner and a simple Basic officers as a head of departments in varoius departments with amount disbursing power and no accountability and transparency.
Hon’ble Governor, when the above cited officers ,will continue their services on the bureaucratic thrones then the departments under their control and authority will emerge as the hub of corruption ,mismanagement, human rights violation nepotism, favoritism, embezzlement, procrastination and frauds etc, so as per suggestions is a am not good to say that the need of the hour is to take all necessary and immediately actions against such officers so that the general public can breathe in a transparent and accountable administrative setup. I realize another problem at secretariat level which is severely paining my heart and mind by way of bribe and influence the secretariat orders are altered, modified and put under ignorance at secretariat level the corrupt officers have been placed at top positions and the most genius and capable officers are at lower levels, it is a very unfortunate and critically shameful parameter of Jammu and Kashmir government administration.
Hon’ble Governor, I became highly sad when I come to know that the officer who themselves are involved in corruption and fraud worth of millions of rupees in different government departments point their fingers towards the RTI Applicants and activists and nominate them as fraudulent which s the matter of concern for the government and administration department.
Hon’ble Governor, I humbly request your good self please check the track records of Mr. Mohammad Ashraf Mir State Information Commissioner who has served during the course of his service at different posts in different departments, moreover we want to know the financial status of the Mr. Mohammad Ashraf Mir State Information Commissioner at various level of his service moreover, we want to also known about the well known achievements and performances of the above mentioned SIC has provided to the government at different posts of his service.
Hon’ble Governor, the need of the hour is to expose all those corrupt officers and bureaucrats who after misusing their status have created a smooth and vast platform for exploitation, human right violation, inequality and social disintegration.
The public information officer (PIO) and government officers after receiving the applications , send there middleman’s to approaching RTI applicants home, shop, office etc for motivating the applicant to take back RTI Application those officers can harm any time RTI applicants /activists by hooligans and persons with violent approach who can damage our life they also make illegal allegations against us and defaming RTI applicants /activists, when RTI applicants /activists refuse the statement of middleman then immediately the public information officer (PIO) and his hooligans start defaming RTI applicants /activists by many ways.
Hon’ble Governor, I humbly request to your honor please allow me to sit in inquiry commission as a volunteer, I will put before your eyes the depth of corruptions with in various departments within a single district for this purpose my only aim is to safeguard the rights and privilege of the masses who are sustaining their lives within a deep pool of corruptions, my ambitions is not to get any name, fame appreciations or any other monetary benefit for this very purpose.
Hon’ble Governor, my next view and a significant measure which I recquist you to enforce for the achievement of transparency and accountability with the administration setup of Jammu and Kashmir is that the Narco (Narcoanalysis) test should be conducted to the Delayed PIOs ,and other corrupt and bureaucrats officers the immediate Narco (Narcoanalysis) test should be made to the SIC.
Hon’ble Governor, I became highly surprised when I read the form of oath or affirmation which is made by the state information commission at the time when they are designated by such posts according to the words mentioned in oath, the SIC swear in the name of God/solemnly affirm that they will bear true faith and allegiance to the constitution of the state as by law established while taking oath as the SIC certify that they will maintain the sovereignty and integrity of India. Is continues fraud, corruption ,misuse of government resources which are to be used for personal benefits, favoritism, maintaining of false and illegal data and records etc a reflection of sovereignty and integrity of our nation ? Poor is becoming poorer and rich becomes richer, is it not a sharp sword on the thoughts of common masses? Is it not an alarm for the introspection of their collar by our bureaucrats’?
Some of Our officers are on their noble chairs only for the fulfillment of their greed’s but not the fulfillment of the needs of needy, while talking over oath our SIC says that he will duly and faithfully and to the best of his ability, knowledge and judgment perform the duties of his office without fear or favor ,affection or ill-will and he/she will uphold the constitution and the laws the SIC must first of all consult a specialized English professor and known the meaning of world “faith” and “faithfully” faith means to show humble, humanitarian and a profitable approach towards any person irrespective of cast, creed, color, religion or economical status faith means an obligation of loyalty or fidelity faith is a process of forming or understanding abstractions, ideas or beliefs with empirical evidence, experience or on the same observations. Is giving provocation, misbehavior abuse and illegal allegations to RTI Activists /Applicants, this is the approach of faith from the side of SIC and PIO.
Hon’ble Governor, here I agree with one word mentioned in the oath which is taken by SIC these words are “fear” and “favor” SIC while taking oath says that I will perform my duties without any fear or favor but SIC Violates the legal provisions, and helping those corrupt officers who makes the human rights violation makes the fraud records, use his discretion and kicks his legal obligations and promotes the inhuman barbarous and brute attitude towards common people without any fear. Some of our bureaucrats and officers including only makes selfish and profitable orders and departmental circulars which are in the favor of their own relatives, friends and families. Here it gets clear that SIC uses both terms fear and favor but in negative sense SIC has best ability to make brutal actions use horrid language and show vandal treatment with RTI Applicants/activists and RTI Promoters in the textual description OF OATH it is mentioned that SIC will not do anything with ill-will here I am mentioning with absolutely guarantee and surety to that SIC of Jammu and Kashmir has a high capacity to kill the will of RTI Applicants and activists, we demand strictly action against the said SIC
Hon’ble Governor, please ponder over my words I will not get any tranquility till you will not take necessary actions against over corruptive officers they are extremely hot and burning for public, my eyes want them to see their state of chill
Hon’ble Governor, the safety and security of RTI Activists is quite in danger. The possesses the pod of foes from all sides on the motivation, money, power and influence of corrupt officers and bureaucrats, anyone can murder or harm us anywhere anybody can harass our children’s, the clouds of dander are even hovering over me so need of the hour is to enforce immediate security measures. Dear sir my aim of narrating my all the above mentioned realities, observations, and experience regarding the faulty and corruptive administrative setup is not to achieve any name or fame ,a prestigious social status, or any praise by media or public but my only motto is that my eyes want to see corruption free Kashmir, my eyes want to see these days when the government benefits common peoples without any hindrance and punish the corrupt officers ,in view of right to equality I want to see such a administrative mechanism with in my state which the government officials and employees will deal with common public without corruption and misbehave.
I want to visualize the days when a government officer will talk in a simple ethical and understandable language with anyone appearing before him/her.
Hon’ble Governor, I totally not possess the quality of reclaim, so I have no purpose of praise, fame or top status in my society but my only and only ambition is to “CORRUPTION FREE KASHMIR”
Hon’ble Governor, last but not least I want to divert your kind attention towards this when those corrupt officers are appearing as chief gust in any programme or function then those officers says we are quite sound in ethics and morality? , they are talking about which ethics and morality, near to corrupt officers even there is no smell of ethics and morality corruption has penetrated its roots deep in to the soil, black marketing, timber smugglings, food adulterations, duplicate drugs, pollution, frauds in weight and measure, wrong witnesses, illegal control over public lands, women’s right violation, gender desensitization, delay and deny of facts, back door appointments, bribery, poor health care, poor and dirty drinking water, mismanagement in PHE, Development authorities, Municipalities, Swatch Bharat Mission, tourism, Education, Urban Development department, R&B, RDD, Agriculture, etc etc and etc how we are sound ethically and morally , No we are not .
Hon’ble Governor, I am highly thankful to your honor for pondering over my above mentioned points and take immediate measures over my above mentioned facts and give us your valuable time to discuss the ways and strategies to get reduce the level of corruption and make officers accountable, even we have a very good honest officers in the state whom government need to boost and introduce those officer by whom common public can get relaxation.
(The Author is Social and RTI Activist . He can be reached at Siraj.firstname.lastname@example.org )