Tuesday, October 16, 2012

Check info, then seek exemption: CIC to PMO

Daily Pioneer: New Delhi: Tuesday, October 16, 2012.
The Central Information Commission (CIC) has directed the PMO to first ensure if an information sought by an applicant even existed within the department before routinely seeking exemptions under the RTI Act for not disclosing them. A Delhi-based RTI activist Vivek Garg had sought to know the details of correspondence between the PMO and the CBI, DRI, ED and RAW in connection with the 2G spectrum allocation.
But the PMO didn’t disclose the information, citing the exemption clause of the RTI Act. “In the scheme of things, it is very unlikely that the Prime Minister of India or the PMO would enter into correspondence with individual investigating or intelligence agencies on any such matters. Instead of routinely seeking exemption under one or the other provisions of the Right to Information (RTI) Act, it would always be better to first find out if the information itself exists and only then to decide if the information could be disclosed or not,” the CIC Satyananda Mishra said in his order.
The CIC asked the PMO to address each queries raised by the appellants separately and confirm if the desired information exists and whether it can be disclosed. “If the information or some of it can be disclosed, the Central Public Information Officer shall send the same to the Appellant,” Mishra said in his order.