The Crossbill News Desk
The Jammu and Kashmir and Ladakh high court on Tuesday (February 10) sought a response from the Union Territory administration over allegations that appeals filed under the Right to Information (RTI) Act have been languishing for years without disposal.
The court was hearing a petition that raised concerns about delays in the processing of RTI applications and appeals in Jammu and Kashmir.
A division bench comprising J&K Chief Justice Arun Palli and Justice Rajnesh Oswal adjourned the matter on February 10 after deputy solicitor general T.M. Shamshi sought time “to ascertain as to why the appeals that were preferred under the RTI Act 2005 years ago have not been heard once and decided,” The Wire reported.
After hearing Shamshi, the court deferred the matter for hearing on February 23.
The issue of mounting pendency also figures in official correspondence. Rashmi Chowdhary, secretary of the Central Information Commission (CIC), noted in a January 12 letter to Jammu and Kashmir chief secretary Atal Dulloo that around 600 second appeals from the Union Territory are pending before the commission.
“Your kind cooperation is solicited in the matter so that hearings are conducted smoothly,” Chowdhary’s letter states, reported the news website.
The petition before the high court has been filed by Baramulla-based activist Junaid Javid, who has sought directions to ensure that the RTI Act is implemented “in letter and spirit” in Jammu and Kashmir. Javid has alleged that several RTI applications and first appeals remain undecided before various public authorities as well as the CIC, beyond the timelines prescribed under law.
Appearing for the petitioner, advocate Naveed Bukhtiyar told the bench that after being dissatisfied with the responses from first appellate authorities, Javid had filed second appeals before the CIC concerning three RTI applications dated November 13, 2024, January 9, 2025 and November 27, 2025.
“From more than five months, the CIC has been sleeping over the appeal and is neither is listing the case for hearing nor passing any order,” the petitioner told the court.
Bukhtiyar also cited the case of another lawyer, Mueed-ul-Islam, who has filed “multiple application” including one with the J&K high court under the RTI Act.
“However, even after the passing of the thirty days, [the] applicant is yet to receive the information or any response,” he said.
The petition points out that prior to the abrogation of Article 370, the erstwhile state was governed by the J&K RTI Act 2009, which prescribed strict timelines. Public authorities were required to respond within 30 days, first appeals were to be decided within 45 days, and second appeals by the state information commission within 120 days.
Following the reading down of Article 370, Jammu and Kashmir now falls under the central RTI Act, where second appeals are handled by the CIC without a specified timeline. “The government has used this clause to prolong the sharing or information or deny it entirely without letting the applicant know,” Bukhtiyar told The Wire.
Referring to Supreme Court and Kolkata high court rulings, Bukhtiyar argued before the bench: “The appeals of J&K are taking years to get listed which is actually a violation the fundamental right under article 19, 21 and even the principal of natural justice, that is right to fair hearing.”
He further underlined that there have been “repeated complaints” from residents of Jammu and Kashmir who are allegedly suffering “due to late replies or by the cumbersome procedure of second appeals”.
The petition also contends that “not a single penny has been spent by the government of India for the awareness of the RTI Act since 2019,” alleging a violation of Section 26 of the Act.
Section 26 obligates the Union government to conduct awareness programmes and training for public authorities on RTI-related issues, subject “to the extent of availability of financial and other resources”.
The petitioner has sought a writ of mandamus directing the authorities to decide pending appeals, adopt established norms for adjudicating second appeals and submit a compliance report on the Act’s implementation in the Union Territory.
Meanwhile, on January 15, the J&K administration instructed all central public information officers to ensure that RTI applications, including those submitted offline, are uploaded on the Union Territory’s Online RTI Portal.
A study by the Commonwealth Human Rights Initiative conducted after the reading down of Article 370 found a 31.44% drop in RTI applications in Jammu and Kashmir in 2021-22, with filings declining from 1603 to 1099.
The court was hearing a petition that raised concerns about delays in the processing of RTI applications and appeals in Jammu and Kashmir.
A division bench comprising J&K Chief Justice Arun Palli and Justice Rajnesh Oswal adjourned the matter on February 10 after deputy solicitor general T.M. Shamshi sought time “to ascertain as to why the appeals that were preferred under the RTI Act 2005 years ago have not been heard once and decided,” The Wire reported.
After hearing Shamshi, the court deferred the matter for hearing on February 23.
The issue of mounting pendency also figures in official correspondence. Rashmi Chowdhary, secretary of the Central Information Commission (CIC), noted in a January 12 letter to Jammu and Kashmir chief secretary Atal Dulloo that around 600 second appeals from the Union Territory are pending before the commission.
“Your kind cooperation is solicited in the matter so that hearings are conducted smoothly,” Chowdhary’s letter states, reported the news website.
The petition before the high court has been filed by Baramulla-based activist Junaid Javid, who has sought directions to ensure that the RTI Act is implemented “in letter and spirit” in Jammu and Kashmir. Javid has alleged that several RTI applications and first appeals remain undecided before various public authorities as well as the CIC, beyond the timelines prescribed under law.
Appearing for the petitioner, advocate Naveed Bukhtiyar told the bench that after being dissatisfied with the responses from first appellate authorities, Javid had filed second appeals before the CIC concerning three RTI applications dated November 13, 2024, January 9, 2025 and November 27, 2025.
“From more than five months, the CIC has been sleeping over the appeal and is neither is listing the case for hearing nor passing any order,” the petitioner told the court.
Bukhtiyar also cited the case of another lawyer, Mueed-ul-Islam, who has filed “multiple application” including one with the J&K high court under the RTI Act.
“However, even after the passing of the thirty days, [the] applicant is yet to receive the information or any response,” he said.
The petition points out that prior to the abrogation of Article 370, the erstwhile state was governed by the J&K RTI Act 2009, which prescribed strict timelines. Public authorities were required to respond within 30 days, first appeals were to be decided within 45 days, and second appeals by the state information commission within 120 days.
Following the reading down of Article 370, Jammu and Kashmir now falls under the central RTI Act, where second appeals are handled by the CIC without a specified timeline. “The government has used this clause to prolong the sharing or information or deny it entirely without letting the applicant know,” Bukhtiyar told The Wire.
Referring to Supreme Court and Kolkata high court rulings, Bukhtiyar argued before the bench: “The appeals of J&K are taking years to get listed which is actually a violation the fundamental right under article 19, 21 and even the principal of natural justice, that is right to fair hearing.”
He further underlined that there have been “repeated complaints” from residents of Jammu and Kashmir who are allegedly suffering “due to late replies or by the cumbersome procedure of second appeals”.
The petition also contends that “not a single penny has been spent by the government of India for the awareness of the RTI Act since 2019,” alleging a violation of Section 26 of the Act.
Section 26 obligates the Union government to conduct awareness programmes and training for public authorities on RTI-related issues, subject “to the extent of availability of financial and other resources”.
The petitioner has sought a writ of mandamus directing the authorities to decide pending appeals, adopt established norms for adjudicating second appeals and submit a compliance report on the Act’s implementation in the Union Territory.
Meanwhile, on January 15, the J&K administration instructed all central public information officers to ensure that RTI applications, including those submitted offline, are uploaded on the Union Territory’s Online RTI Portal.
A study by the Commonwealth Human Rights Initiative conducted after the reading down of Article 370 found a 31.44% drop in RTI applications in Jammu and Kashmir in 2021-22, with filings declining from 1603 to 1099.
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