Dear Mr Habibullah
I am writing this letter to you in your private capacity, as I am given to understand that you have joined the World Bank w.e.f 1 July 2010.
I am shocked that you have passed an order in the case of one Dr. Raja Muzaffar Bhat versus Border Security Force [http://www.rti.india.gov.in/cic_decisions/CIC_WB_C_2010_000155_M_37194.pdf]
directing that information is to be supplied to persons from J&K.
I draw your attention to section 1(2) of the RTI Act. The RTI Act "extends to the whole of India except the State of Jammu and Kashmir."
As such I submit that Dr. Bhat, despite the fact that he is a citizen of India, as a resident of J&K is barred from using the RTI Act 2005.
Neither is the BSF required to supply information outside the jurisdiction to which the RTI Act applies. Conversely Indian citizens not resident in J&K are barred from using the J&K RTI Act or accessing information under it, as you well know.
It is also true that since there is no extra-territorial scope explicitly mentioned in RTI Act, you cannot direct a Central Govt functionary to provide information to persons located in J&K. The consequence of such an interpretation would be that persons from the Pakistani controlled portions of J&K would similarly apply in RTI against "human right violations" of Indian Army, and being within what India cannot deny as part of J&K must be similarly given information.
It is also pertinent that the person concerning whom information was sought (Mohd Ashraf Yattoo) was an employee of the J&K State Govt to whom the RTI Act 2005 does not extend and was also presumably resident in J&K.
If my information concerning the status of your present assignment with World Bank is incorrect, and you are still discharging your duties as Chief Information Commissioner of India (excluding J&K), I request you to kindly immediately set up a Full Bench, ie. each and every member of the body defined in 12(1) of RTI Act, to review this decision on such an important question of law. I am also circulating this email to all other Information Commissioners for information considering the question/s of law involved.
On the last occasion on which I sent you such an email seeking review of your decision, you ignored it, and the Delhi High Court upheld my view with considerable force. I request you to reconsider this decision too considering the national interest.
Yours sincerely
Sarbajit Roy
B-59 Defence Colony
New Delhi-110024
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