World | India
All for transparency in public life
'It is necessary for people to realise that whatever they do will be in the public file'
- by Nilima Pathak, Correspondent
- Published: 00:00 November 28, 2009
- Image Credit: Supplied
New Delhi : Wajahat Habibullah has served in Jammu and Kashmir for more than two decades in various key capacities. He was appointed India's first chief information commissioner in 2005 and got the New Delhi-based Central Information Commission (CIC) off to a strong start.
Having made a success of his job, which was to implement the Right to Information (RTI) Act in the country, he was recently appointed CIC in Jammu and Kashmir state. As a negotiator of the Indian government, he has been actively involved with bringing separatists in the state to the negotiating table.
Before he leaves for his new assignment, Habibullah spoke in an exclusive interview with Gulf News on pressing issues concerning Kashmir.
GULF NEWS: Jammu & Kashmir chief minister Omar Abdullah has personally requested you to be in Srinagar as CIC. When are you taking charge.
WAJAHAT HABIBULLAH: I can't join until the government appoints a successor. It's because the [Right to Information] Act is so structured that the commission functions around the CIC and other commissioners assist him. So if there is no CIC, the Commission ceases to function.
What would be your immediate priority for J&K?
I have been visiting Srinagar and attempting to make things work so that the commission starts working even before I actually join in the first week of December. By now, I have four years of experience of trying to set up the commission, examining the boundaries and limits of what can and cannot be done. I'll ensure that within the government or public authorities, they begin to realise that transparency and accountability are essential part of governance, particularly democratic governance. It is necessary for people to realise that whatever they do will be in the public file.
In this context, a change in mindset is imperative. It might be difficult, because the state has passed through a very traumatic 20 years. During that time, because security was the main consideration, things which otherwise would have been common knowledge, were not disclosed. So, a rethinking will be required at all levels of government, including the security forces responsible for enforcing the law in a state where at one time lawlessness prevailed.
Because of its special status, the RTI Act was not applicable to Jammu-and-Kashmir. What's different about its implementation in this state?
The special status accorded to J&K is that it has a constitution of its own although its laws and rules of governance are protected by the constitution of India. In that context, the state did have the RTI Act in 2004, even before the National Act came into force. But it was quite insipid and an illusion because no one in the government knew about the law. When amendments were brought in, they were piecemeal and there was no overhaul that could be in line with the central law. The 2009 law is even stronger than the central law and the rules are more comprehensive.
Since 1989, there's been turmoil in Kashmir as a result of political alienation by successive governments in New Delhi. Do you see the situation in the Valley improving in the near future?
The government of India has repeatedly taken a stand and that's why the state has a government of its own. The government at the Centre is now prepared to give whatever assistance is required, which was not always the case. From 1990-96, the state had governor's rule. After that the governments were elected but due to the security situation, they had to adhere to security requirements, even though they were in conflict with public interests. Now, even the security forces realise that we must make people feel secure. The citizens should feel the sense of freedom to defend and that's when they will actually stand up and fight against those who terrorise them.
Experts say that the focus of a political solution should be demilitarisation of the J&K region. Could this happen with the creation of reasonably open borders between India and Pakistan.
I cannot comment much on that. There will be many players — the militancy, the state and the central governments, but even within that what has started happening is that our prime minister initiated the bus service between Muzaffarabad and Srinagar. This, he considered would be the first step and open the way for trade and commerce to move freely.
Going by the facts that Omar Abdullah is all for engaging Pakistan when it comes to resolving the Kashmir issue, is he proving a better chief minister than his father?
It's too early to say because Omar's been the chief minister for only two years now, while his father spent two terms. The only grievance in Kashmir has been that the special status of Kashmir has been compromised. But yes, more than his son, the father has been critical of Pakistan on occasions and Omar may not be as critical because the situation did not demand that. He feels, with the stand that Pakistan is taking, we can work things out.
Is there a solution to the Kashmir issue where neither India nor Pakistan loses face?
The solution is very much possible. The people of J&K must get the feeling that they are at liberty to live a life of their choice and not something that's dictated to them either by New Delhi or Pakistan. This is guaranteed to them not only by the constitution of India, but by their own constitution, but which they feel they have been deprived of. So, by simply assuring the same to them, the government of India will not lose face. As far as Pakistan's claim on Kashmir is concerned, it is in accordance with what they believe to be the wishes and views of the Kashmir people. So if they are satisfied by means other than a plebiscite, which everybody by now agrees has become an outdated concept, there shouldn't be any problem either. There will only be gains for the people of J&K.
Is this the most opportune time to discuss and sort out the Kashmir issue?
There have been many occasions since 1947-48 when it ‘seemed' things would happen, but didn't. It requires consistency and a clear objective. And for that the people of J&K must have priority, because they are the ones directly affected. Things have improved from what they were two to three years ago and the trend is positive, although there have been problems like the Amaranth Land Dispute or the Shopian case, which have provided setbacks. But that does not mean the process has stopped. It's slow and could move much faster. But the government is engaged in a quiet dialogue and the contents will be revealed at an appropriate time.
An enduring bond with Jammu and Kashmir
Wajahat Habibullah was born on September 30, 1945 in Barabanki district in Uttar Pradesh
Educated at The Doon School, Dehradun, and St Stephens' College, New Delhi
An IAS officer from the 1968 batch, he served in Jammu and Kashmir in various capacities
Became secretary to the Government of India in the Ministry of Panchayati Raj (local government)
Became secretary of the Rajiv Gandhi Foundation
As chief information commissioner, implemented the Right to Information Act - 2005-09
Chief Information Commissioner, J&K - 2009
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