Times of India: Kochi: Friday,
August 26, 2016.
Opposition
Leader of the state has rushed to the Kerala High Court alleging lack of
openness on the part of the newly-elected LDF government in revealing crucial
information sought under Right to Information (RTI) Act. The new government
came to power in May this year.
Through his
petition, opposition Leader Ramesh Chennithala has demanded that the LDF
government be asked to reveal what interest it holds higher than public
interest for denying information on council of ministers' decisions under RTI.
The only exemption available to the government is if such interest is higher
than public interest, he contended in a petition.
The demand
was raised by Chennithala in an application filed to the court for joining in a
case filed by the state government seeking a declaration that it is not bound
to provide information on decisions taken by council of ministers in response
to RTI queries. An order issued by the state information commission to provide
such information was challenged by the government.
"It
appears that the evil motive of govt is evident from the lame and sham excuses
put forward in the writ petition against the citizens' right to information
under RTI Act and thereby to rule the state behind 'iron curtain' which is not
possible and permissible in a democratic society. The state govt cannot
interpret the provisions of RTI Act to meet the evil design to cover up true information
from public access due to political reasons. The statement of the Hon'ble Chief
Minister on the floor of the legislative assembly is contrary to the
contentions advanced in the writ petition....By filing the above writ petition,
the govt has challenged the very basic right of citizens to known the working
of the govt which has been guaranteed in the Constitution of India and in the
RTI Act," Chennithala's petition stated.
Even when the
government is claiming an exemption from the duty to provide information,
utilizing exemptions under section 8(1) of the Act, information should be given
if public interest in such disclosure outweighs the harm to the interest sought
to be protected, it is argued. In such circumstances, the government is legally
obligated to explain what interests it seeks to protect by withholding cabinet
decisions from people, the petition filed through former director general of
prosecution T Asaf Ali said.
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