Economic Times: New Delhi:
Friday, April 26, 2013.
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| RTI activist Subhash Chandra Agrawal encountered a peculiar case where an information commissioner took 9 months to pass an order and changed her mind. |
The Right to
Information Act is being threatened by its very keepers. Information
commissioners are making applicants wait for months for final judgements,
especially on politically-sensitive matters.
The working
of the Central Information Commission shows that though information
commissioners hear the matter, they postpone judgement for months. A case in
point is on the question whether political parties should come under RTI. The
matter has been under the purview of a three-member bench of CIC for months.
The final hearing was held on November 1. However, the bench is yet to give the
verdict.
Chief
Information CommissionerSatyananda Mishra gave administrative reasons for the
delay. "In this particular case, an information commissioner was on
month's leave. After she returned, the other commissioner has gone off. Now the
entire bench is back so we will finally give our order."
RTI activist
Subhash Chandra Agrawal encountered a peculiar case where an information
commissioner took 9 months to pass an order and changed her mind. Agrawal had
applied in April 2011 for a report of a regional director on the basis of which
arrests were made in the spectrum scam. "Information Commissioner Sushma
Singh verbally allowed my appeal and asked the ministry to reveal these documents.
But the final order came to me in February 2013. It said that the matter was
under the purview of JPC and PAC so it would be breach of parliamentary
privilege." Agarwal is still awaiting two orders pertaining to spectrum
scam case. One case was heard in May 2012 and another in October 2012.
Activist RK
Jain too is exasperated with delay. Jain has raised basic queries: "How
can an information commissioner remember the finer details of a case after so
many months? There is a Supreme Court verdict that if there is a delay of more
than 6 months after the final hearing, the case has to be reheard. CIC is like
a tribunal. So they should also follow this," said Jain. In one case which
is pending before an information commissioner for final disposal, Jain says the
government official dealing with his case has passed away. "I am so tired
of fighting that I have sought withdrawal of my cases," says Jain.

