Times of India: Thiruvananthapuram: Saturday, 26 July
2014.
The state
government has exempted all information and documents relating to interstate
water issues from disclosure under Right to Information Act.
A government
order (GO) in this regard was issued by the water resources department on
Tuesday. The decision was taken fearing that disclosing the information might
affect the cases pending at various courts, including the Supreme Court.
The state
water resources department had received severe flak recently after the Supreme
Court order went in favour of Tamil Nadu on the Mullaperiyar dam issue.
As per the GO
issued by additional chief secretary V J Kurian, the decision was taken based
on the report of chief engineer, interstate water, who informed that several
individuals were approaching him under RTI for related documents submitted
before various courts. The chief engineer had requested the government to
exempt all information related to interstate water issue from disclosure to
public even on a request under RTI.
The government
also defended its act by stating that it got legal advice that disclosure of
information will adversely affect the conduct of the cases. The government has
also taken a decision not to disclose documents which are privy to it and not
filed in court as it may hamper the interest of state in future.
The
government had invoked the provisions of Section 8 and 9 of RTI Act for taking
the decision. As per Section 8 of RTI Act, there shall be no obligation to give
any citizen information, the disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security, strategic, scientific or
economic interest of the state, relation with foreign state or lead to
incitement of an offence.
In a separate
GO, the state has asked government and non-government agencies not to make
public matters related to interstate water and river basin maps.
"Government
has noticed certain ambiguity or contradictory views in publications related to
interstate water affairs, published by some government agencies, which may lead
to litigation," the GO stated.
The order has
made it mandatory for public to take prior approval for publication of
information or maps related to interstate water.
Recently, the
water resources department received severe flak for the Supreme Court order
favouring Mullaperiyar dam.
As per the GO
issued by additional chief secretary V J Kurian, the decision was taken based
on the report of Chief engineer, Inter State Water, who informed that various
individuals are approaching him under RTI Act for documents submitted before
various courts. The chief engineer requested government to exempt all
information related to interstate water matters from revealing to public even
on request under RTI.
The
government also defended its act by stating that it got legal advice that
disclosure of documents will adversely affect the conduct of the cases. The
government has also taken decision not to disclose documents which are privy to
it and not filed in court as it may hamper interest of state in future.
Government
used section 8 and 9 of RTI Act for its decision. As per section 8 of RTI act,
there shall be no obligation to give any citizen, information, disclosure of
which would prejudicially affect the sovereignty and integrity of India, the
security, strategic, scientific or economic interest of the state, relation
with foreign state or lead to incitement of an offence.
In a separate
Government Order, the government has asked government and non government
agencies not to make public matters related to inter-state water and river
basin maps.
"Government
has noticed certain ambiguity or contradictory views in publications related to
inter state water affairs, published by some government agencies, which may
lead to litigation," the GO stated.
The order has
made it mandatory to take prior approval to public information or maps related
to inter state water.
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