The Hindu: Kochi: Thursday, August
11, 2016.
The Kerala
High Court on Wednesday admitted a writ petition filed by the State government
challenging the order of the State Information Commission (SIC) directing the
State Public Information Officer in the office of the Chief Secretary to
provide information regarding the details of the decisions taken at the Cabinet
meetings held from January 1 to March 12 this year sought by an RTI activist.
The court,
while admitting the writ petition, restrained the SIC from taking coercive
steps against the Public Information Officer in pursuance to the order.
CIC Vinson M.
Paul, in his order, had directed that if any Cabinet decision was pending on
any of the items on the agendas of the Cabinet meetings sought by the RTI
activist, the details need not be revealed. The SIC’s order came on an
application filed by RTI activist D.B. Binu of Kochi.
The
government, in its writ petition, pointed out that it did not have any
intention to thwart the right of the public to information. The government and
the Public Information Officer at the office of the Chief Secretary were not
against the disclosure of Cabinet decisions or any such information.
It was true
that the custodian of the agenda, minutes and decision of the meeting of the
Council of Ministers was the Chief Secretary. However, the materials put together
to arrive at a decision originated from the department concerned.
Therefore,
all the details could be provided only by the Public Information Officers of
the department concerned and not the Public Information Officer in the office
of the Chief Secretary. It was beyond the scope of the State Public Information
Officer to make a decision.
The
government sought a declaration that the information under the RTI Act
regarding the decisions at the meeting of the Council of Ministers need be
provided only by the administrative departments concerned after the matter was
complete.
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