DNA: Mumbai: Sunday, 12 July 2015.
Reports prepared by committees that were appointed
by the state government on different issues won't remain out of bounds to the
public just because they have not been tabled in cabinet meetings or the state
legislature, the state information commission (SIC) has ruled.
The landmark ruling of June 26 by SIC Ratnakar Gaikwad
opens the gates of access to reports of state-appointed committees that are
often not made public under the pretext of breach of privilege.
The ruling was in response to two RTI applications
that had sought reports on a probe into illegal constructions in areas falling
under the jurisdiction of the Kalyan Dombivli Municipal Corporation. The probe
had been conducted by retired Justice Agyar, who was appointed following a
directive by the Bombay High Court in connection with a PIL filed in 2004.
The applicants were Srinivas Ghanekar from Kalyan
and Dombivli resident Kaustubh Gokhale. In their application, both had sought
copies of the report submitted by Justice Agyar. While the public information
officer of KDMC replied that it was submitted to the deputy director, urban
planning, Konkan Bhavan, who had passed on to the civic body only for safe
keeping.
Hence, any action with respect to the report was
the responsibility of the director, urban planning's office. The report was
later sought from the Urban Development Department (UDD). However, during the
hearing, UDD officials claimed that it could not be given as it was yet to be
tabled before the cabinet.
"The information cannot not be provided because as per Rules of Business,
rule 9 it is to be put up before the cabinet ministry for approval and how
exactly the action needs to be taken on the report, and similarly till the time
final decision on the report is not given, till the time the report's copy
cannot be given under RTI Act," said UDD. It went on to add that similar
provisions exist under section 8 of the RTI Act.
Noting that section 8 provisions will not apply,
Gaikwad's order cited a directive by the central information commission (CIC).
Deciding on a similar issue, the CIC had stated that if the authorities chose
not to place the recommendations of the committee before the House concerned,
the information could not be "denied indefinitely" to the citizens.
It stress the need for acting on the findings within a time frame.
The SIC has directed the principal secretary, UDD,
to ensure that the applicants are given information and a compliance report be
sent commission by August end. It also stated that action be taken against PIOs
for delay in providing information.
Gandhi welcomes move
Shailesh Gandhi, former central information
commissioner, said any commission of enquiry report has to be tabled within six
months. "It they have not done that, it is anyway a breach of privilege.
Citizens certainly have the right to access the findings. If the government is
not making the report public, it appears that it government does not have the
right attitude of mind. I had asked for the Adarsh report when they didn't
table it for a long time. It so happened that before the 30-day period in which
information is to be given was over, the state put up the report."
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