Srinagar- The High Court of J&K and Ladakh has refused to impose a 45-day deadline on the Central Information Commission (CIC) for deciding second appeals under the Right to Information Act, holding that courts cannot prescribe a timeline absent in the statute. At the same time, it made clear that the Commission cannot keep appeals pending indefinitely and must take steps to reduce delays and improve its functioning.
A Division Bench of the Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani passed the order while disposing of a Public Interest Litigation (PIL) filed by Junaid Javid, a resident of Uri in Baramulla, seeking direction upon the CIC to decide all pending appeals, particularly those filed by residents of Jammu and Kashmir, within 45 days. The petitioner had also sought a mechanism to ensure time-bound disposal of second appeals and placed suggestions on record for improving the Commission’s functioning.
The Court noted that the CIC, in its response, cited infrastructural limitations and the heavy volume of second appeals and complaints as reasons why it could not adhere to a fixed disposal timeline.
Observing that the RTI Act does not prescribe any timeline for deciding second appeals and complaints, the Bench held that it could not, through a judicial direction, mandate a 45-day disposal period as sought by the petitioner.
However, the Court emphasized that the Commission cannot allow appeals to remain pending for years.
“It cannot be said that the CIC can sit over the appeals for an unduly long period and keep them undecided for years together,” the Bench observed, adding that the Commission needs to improve its working and establish a mechanism to reduce the backlog while effectively handling fresh appeals and complaints.
Disposing of the PIL, the High Court directed the CIC to take appropriate measures to improve its functioning, subject to infrastructural constraints and the inflow of appeals. It also observed that the Commission may consider the petitioner’s suggestions if they are found to be genuine and practical.
Javid had alleged that several RTI applications and first appeals were pending before different public authorities and the CIC in Jammu and Kashmir for unduly long periods.
The petitioner stated that after being dissatisfied with the responses of the first appellate authorities, he filed second appeals before the CIC in respect of three RTI applications dated November 13, 2024, January 9, 2025, and November 27, 2025. However, he submitted that for months, the CIC had neither listed the appeals for hearing nor passed any order.
In the plea, he had sought directions to ensure timely disposal of RTI applications and appeals in accordance with the provisions of the RTI Act, 2005.
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