DNA: Mumbai: Thursday, October 20,
2016.
The state
information commission has ordered that Memorandun of Understandings (MoU)
between the Maharashtra government and the various firms are not be given to an
applicant. The order, upholding the reply of the Public Information Officer
(PIO) and the First Appellate Authority (FAA), stated that it is exempted as
per sub sections of section 8 (1) as per the RTI Act.
The order was
passed by Ajit Kumar Jain, State Information Commissioner (Brihanmumbai bench)
after a second appeal was filed by Pune based Vihar Durve. Durve in his
application had asked copies of the Memorandum Of Understanding (with file
notings) as announced by Chief Minister of Maharasthra in Make in India program
held in February 2016 in Mumbai.
He further
demanded total amount mentioned in the MOUs in the event, the amount actually
invested, the time limit in which it is to be invested, name and designation of
the officer who is supposed to supervise actual amount invested, and the
information on the amount spent on the program among others.
In a reply,
the PIO stated that MoUs cannot be given because it can pose threat to the
competitiveness of the party and it is not for public interest. The PIO also
stated that 2,603 MOUs were signed of Rs 8.04 lakh crore investment. These
would create 30 lakh employment opportunities.
All the
investment has to come in five to seven years and will be monitored by the
Chief Secretary. Industries ministry spent around Rs 52.46 crore for the
program.
The
commission order stated that the purpose of RTI Act is to have transparency,
and simultaneously, ensure that sensitive information be kept secretive. Such
is the dual purpose of the Act. It went on to up held the exemptions under the
Act.
"Thirty
lakh people are likely to get employment as per what government claims and
government will be giving land and water which is our natural resources. The
Supreme Court in the 2G case had stated that the public interest is above
government policy. The PIO and commission did not apply their mind. All these
are registered and limited companies. All the information is shared with their
shareholders. The information that cannot be denied to legislature cannot be
denied to applicants as per RTI Act. The government should be declaring all
this information because it is in public interest," said Durve.