Economic Times: New Delhi: Friday, March 20, 2015.
If you are
looking for information under RTI Act in Uttar Pradesh, just tread carefully.
If the state information commission has its way, it could penalise you and make
you pay compensation to the government department you wanted the information
from. What is worse, the grounds on which it could impose this compensation on
you depend on the whims of the information commission.
This is a
part of RTI rules drafted by Uttar Pradesh Information Commission for implementation
of RTI Act in the state. Clause 10 of the draft rules on "award of
compensation" says, "During the hearing of any complaint or appeal,
the Commission may also impose such other costs on and award such compensation
to the parties as deemed fit, having regard to the facts and circumstances of
the case."
So far,
information commissions have only moved against the public information officer
of a government department to penalize for wrongfully denying information. RTI
activists have cried foul over the provision. RTI activist Venkatesh Nayak of
Commonwealth Human Rights Initiative says, "This is a complete violation
of RTI Act.
How can an
applicant be penalized?" What has raised eyebrows is the non-description
of the grounds on which such compensation or costs can be levied on the
applicant.
If an
applicant seeks adjournment of hearing of his case, even on just grounds, he
would be asked to pay costs. Clause 9 says, "... The Commission, if it is
of the view that the reason for seeking adjournment is just and sufficient, may
grant adjournment on payment of reasonable cost or otherwise." The draft
rules, which have been put in public domain and views have been sought till
Friday, also make it legal to withdraw an appeal.
This is being
feared as another way of coercing an applicant for withdrawing his case.
"We have seen in recent cases how RTI activists have been attacked and
even murdered. The draft rules of UP give the commission power to close an
appeal or complaint on the death of the applicant and also it says a complaint
can be withdrawn. This means an RTI applicant can now be threatened," says
Nayak. The commission has included fresh grounds for rejection of application.
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