DNA: Mumbai:
Tuesday, January 15, 2019.
Even
as the Bombay High Court is hearing a case wherein RTI activists have been
banned entry on Brihanmumbai Municipal Corporation (BMC) campus by the civic
body itself, a Punjab and Haryana High
Court order is being widely circulated among the information act users. The new
issue suggests that courts seem to be at a cross with the stand taken by public
authorities.
The
Punjab and Haryana High Court order has severely criticised the administration
of Chandigarh Union Territory when it questioned an RTI applicant’s
“integrity”. The order dated December
12, 2018, was given by Justice Rajiv Sharma and Justice Harinder Singh Sidhu.
The order was given in a case when an employee of Chandigarh Union Territory
had filed an RTI application. His department had questioned his “integrity” for
filing the plea and doubted his credentials as he had an association with a
party that has often protested against the department.
The
court said that any person had the right to file RTI application. The order
comes even as RTI activist and applicants have been protesting decisions by
authorities including BMC.
“I
think the judges who have passed the order have displayed a great understanding
of Article 19. Freedom of speech, expression, publishing and RTI are treated
equally. It is desirable that a man must be great integrity to publish
something. However, it doesn’t mean that of someone does not have that, does
not have a right of publishing or expressing himself.
The
judges have shown sensitivity towards democracy,” said Shailesh Gandhi, former
central information commissioner.
“We
have shared the order with some commissioners. They should take note of it and
see to it that RTI applicants are not harassed. RTI Act clearly states that reason
should not be asked when an applicant is seeking information. It has become the
practice to call applicants blackmailers. The order clearly states that you
cannot question the integrity of a person,” said Bhaskar Prabhu, an RTI
activist.
ORDER
The
Punjab and Haryana High Court order has severely criticised the administration
of Chandigarh Union Territory when it questioned an RTI applicant’s
“integrity”.