Bangalore Mirror: Bangalore: Tuesday,
February 21, 2017.
With the
Lokayukta police and the Karnataka State Information Commission (KSIC) at
loggerheads over sharing information on the quasi-judicial anti-corruption
watchdog Lokayukta’s functioning, their tussle over Right To Information (RTI)
has now reached a decisive level at the doorsteps of the high court.
In the past
one-and-a-half years, since the issue is on, the Lokayukta police’s city wing
had initially denied information. Then as the matter had reached KSIC in
December, it (the police wing) had ruled against ordering its public
information officer providing information.
However, with
the Lokayukta police challenging the KSIC order by moving the high court in
January, and the court issuing an interim stay on the KSIC order, the matter is
now in the high court.
The case
so far
The issue
dates back to October 2015, when activist S Bhaskaran had sought information
under RTI act in his four applications first, seeking information on visitor’s
book at the Lokayukta headquarters for the period between Nov 1, 2013 and
December 31, 2013; second, seeking details of all the cases handled and
investigated by one of the police wing inspectors, HP Puttaswamy during his
stint there; the third application pertained to information on the vehicle log
book of Puttaswamy; and fourth, the details of complaints against government servants/employees
with the city police wing officials between Nov 1, 2013 and December 31, 2013.
The Lokayukta
police wing, which had cited a clause on the information endangering the life
of an individual (its investigators), had initially not provided the
information. It had then reached the Lokayukta registrar as he is the first
appellate authority.
He had
ordered providing information pertaining to three applications, while barring
revelation about the vehicle log book. But still the information was not
provided.
Then, the
matter had reached the KSIC. The KSIC had recently ruled that the information
should be provided in all the four applications. It had also set a deadline of
January 4, 2017.
Making
scathing remarks, the KSIC had ruled that there was nothing personal or
endangering in sharing information. It had also sarcastically stated that
teaching would be a better option for the Lokayukta police wing personnel if
their lives were at risk by providing information.
Lokayukta
police not exempted: Activist
But the
matter on whether the Lokayukta police should share information or not, appears
not to be settled soon.
It has now
reached the high court. The Lokayukta police, challenging the KSIC order
pertaining to the three applications, has moved the high court after the KSIC
order. On February 8, the high court issued summons to the respondents,
including the applicant in case, Bhaskaran, to present their side of arguments
within 10 days.
“We will
pursue the case and present our stand as Lokayukta police is neither exempted
from sharing information under the RTI act like some other central agencies
like the Intelligence bureau, Research & Analysis Wing of cabinet
secretariat, Directorate of Revenue Intelligence, Central Economic Intelligence
Bureau, Narcotics Control Bureau, Aviation Research Centre, Special Frontier
Force, Border Security.
Force,
National Security Guards nor is the information I have sought, personal. I will
pursue the case as whatever the outcome be it upholding the KSIC decision or
Lokayukta police decision it will have a long-lasting bearing on the
functioning of the RTI act in the state and the transparency,” Bhaskaran told
Bangalore Mirror.
If the court
rules against the KSIC, then the Lokayukta police would stand vindicated that
sharing information would endanger lives of its investigating officials. If the
court upholds the KSIC decision, then it may result in bringing forth several
vital information pertaining to the police wing’s functioning, a former
Lokayukta official said, adding that it was a battle between KSIC and the
Lokayukta on the RTI issue that would be worth watching closely.
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