Times of India: Mumbai: Tuesday, July 14, 2015.
The State
information Commission has been successful at retaining its order for
disclosure of information only in one out of 84 appeals filed in the last
decade by agencies whose data and documents were sought to be made public.
A query under
the Right to Information (RTI) Act has revealed that out of 84 appeals filed in
the Bombay high court only in one case was the SIC successful so far between
2006 and 2015. Information received under RTI by activist Anil Galgali does not
disclose in how many of the appeals did the SIC lose in court, but it is clear
that many appeals are still pending. Galgali had made the plea to find out what
happens to orders once passed by the information chief for disclosure of
documents.
"Appeals
against replies filed by the state information commission have resulted in a
low success rate for the SIC in the last ten years. Only in one out of 84
appeals has the SIC order that called for information to be given has been retained
discovered RTI activist,'' he told TOI. Most matter went to the HC, three are
pending in Supreme Court.
The agencies
which approached courts against orders of the State information commissioner
(SIC) orders included the Maharashtra home department, Mumbai University,
Reliance Energy, BrihanMumbai Municipal Corporation, Police Department and SD
Corporation, said the activist.
Galgali had
filed an RTI query with the Maharashtra State Information Commission, seeking
information about the cases in which agencies had gone to court against orders
seeking disclosure of documents or information. The SIC refused the information
on the grounds that there was no such data available with it. The reply which
Galgali found shocking prompted him to file an appeal under RTI. On his appeal
the SIC informed him however, that, in ten years between 2006 and 2015, as many
as 84 cases went to court. And in these the SIC emerged victorious in just one
case so far. The other 83 either had the SIC order overturned or are still
pending in court.
Most cases
going in appeal were in 2013. There were 24 cases in which appeals were filed
against order of the SIC, while in 2014 there were 23, 12in 2012, 5 in 2011, 10
in 2010 and seven in 2015 so far. There were no appeals filed in 2007, one each
in 2006, 2008 and 2009. Galgali said one case involving the Reliance Energy Ltd
is still pending in courts since 2011. It pertains to an order of the SIC to
bring the company under the purview of the RTI Act 2005, given that the company
is a major energy provider in the Mumbai Suburbs.
Galgali said
his query also revealed that in many cases, the SIC appeared not to take
"much interest'' in the court cases, as a result no tough opposition was
put up and cases were lost. Now in a letter addressed to Chief Minister
Devendra Fadnavis, the activist has demanded that "to maintain the
importance of the SIC and to preserve the sanctity of the RTI Act 2005, the
State Government should make separate arrangements of Special Advocates to
represent the SIC in a forceful manner so that the orders of the SIC which will
be beneficial for the common man, are maintained.''
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