Jammu Kashmir Govt Withholds Reservation Panel Report, Cites RTI Exemptions

SRINAGAR: The Jammu and Kashmir Government has refused to disclose the cabinet sub-committee report on the rationalisation of the existing reservation policy in the Union Territory, citing provisions under the Right to Information (RTI) Act.

In its reply to an RTI application filed by Taffazul Bilal, the Department of Law, Justice and Parliamentary Affairs has disclosed that the information sought is under examination and cannot be disclosed.

It has invoked Section 8(1)(i) of the RTI Act to prohibit disclosure of the information. The provision exempts disclosure of cabinet papers, including records of deliberations by the Council of Ministers, secretaries, and other officials.

It further reasoned that the report qualifies as third-party information under Section 11 of the RTI Act, the provision which makes it mandatory for the Public Information Officer (PIO) to consult that third party before disclosure. The third party can object, and their views must be considered before a final decision is made.

The PIO of the Law Department has also stated that disclosure of such information may undermine public interest.

“It is also informed that the disclosure of such preliminary or unfinished information may lead to confusion, misinterpretation and misinformation, thereby undermining larger public information,” the PIO said.

The department has also refused to disclose information about whether legal vetting has been completed and, if pending, the tentative timeline for its completion.

The PIO has again invoked Section 8(1)(i) of the RTI Act to decline information about legal vetting of the panel report.

In December last year, the Jammu and Kashmir Government formed a three-member cabinet sub-committee headed by Minister Sakina Ittoo for rationalisation of the existing reservation policy.

The CSC finalised its report on June 10 this year. Later, the cabinet referred the report to the Law Department for legal vetting. (KNO)