DNA:
New Delhi: Thursday, April 13, 2017.
Speaking
exclusively to DNA-WION, the Information Commissioner Yashovardhan Azad said
that certain provisions in new draft RTI rules need to be debated further as
they require greater consultation. “The right to withdraw an RTI petition is
not required. There is no need for this provision. We at the Commission are
already looking in to such issues where public interest is concerned,” he said.
The new draft
rules in circulation have the provision to withdraw the application by the
applicant and that of RTI ceasing to exist in case of applicant’s death. On
this issue Yashovardhan Azad said that the Information Commission believes that
in case of an assault or murder, the Commission will abide by its resolution of
2011 whereby information sought would be published in the website.
This
suggestion in the draft rules had come under criticism from RTI activists who
claimed that anyhow RTI activists face lot of violence and it should not have
been part of the draft. Even the issue of withdrawal remains contested as many
activists argue that it would create counter pressure from vested interest and
would expose them to unnecessary pressure.
The draft
rules circulated by the government also add a new provision in form of section
17 where by the power is given to the Chief Information Commissioner to shift
individual appeals from one Commissioner to another which also includes
withdrawal of an appeal pending before a commissioner and transfer it to
another Commissioner.
On this
Yashovardhan Azad said,"So far as the procedure was that whenever conflict
of interest arose, the Commissioners would recuse themselves or the matter
would be shifted to a wider bench. This is new and requires wider consultation
and needs to be properly debated."
The Centre
had claimed that new draft rules were originally proposed by the UPA and the
current government had only circulated it for public opinion rather than
converting all of them into rules. Congress on the other hand had attacked the
Centre for trying to dilute the Right to Information Act which was enacted
during UPA’s first avatar. The preamble of RTI states that the act is built to
promote accountability and transparency. As an Act, it over rides all other
acts in context of public interest.
In this
context, Azad said that despite burden of work there exists a strong move that
private companies with public interface should be brought under the RTI act.
“For example, an RTI activist can seek information on bad service from Air
India but he cannot do so when it comes to private airlines,” said Yashovardhan
Azad. The draft rules in circulation before notification will have to be
ratified by the Parliament where all changes done will go through intense
scrutiny.