MHA refuses information to Lucknow-based RTI activist on Article 370 abrogation

Dr Nutan Thakur had sought a copy of the official file of the MHA relating to the decision to abrogate Article 370, end the status of statehood of Jammu and Kashmir and form Union Territories.

Published: 28th August 2019 03:18 AM  |   Last Updated: 28th August 2019 09:05 AM   |  A+A-


For representational purposes

By Express News Service

NEW DELHI /LUCKNOW: The Centre has refused to share information on its decision to abrogate Article 370. The Union Ministry of Home Affairs (MHA) was responding to an RTI application filed by Lucknow-based RTI activist Dr Nutan Thakur. 

She had sought a copy of the official file of the MHA relating to the decision to abrogate Article 370, end the status of statehood of Jammu and Kashmir and form Union Territories of Jammu and Kashmir and Ladakh.

The Central Public Information Officer of MHA, while responding to the application, refused to provide information and said the information sought attracts the provisions of Section 8(1) of the RTI Act, under which there is no obligation to provide information to the citizen. 

Nutan has filed the First Appeal against this order, saying that the MHA has not specified which sub-section of Section 8(1) is applicable in this case. Previously, the PMO had refused to provide information regarding abrogation of the special status of J&K and bifurcation of the state “after due consideration.” 

“I had asked for the copy of file related to the decision taken at PMO over the abrogation of Art 370 in J&K. Initially, the PIO had rejected my query saying it could not be replied but when I appealed again, they cited Section 8(1) of the RTI Act saying they could not furnish the information I had sought.

However, under the section mentioned by them, there is a provision that any information from A to Z sought by the appellant should be furnished. So I have now filed an appeal before the CIC,” said Nutan.

The Centre removed Article 370, which gave special status to the state of J&K, earlier in August.  The government said that the move was aimed at integrating the state with the rest of India which could not happen due to Article 370.

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