DNA: Mumbai: Monday, November 27, 2017.
A recent
Delhi High Court order has once again set tongues wagging when it comes to
seeking information under Right to Information (RTI) Act from courts. Activists
said that the order leaves scope for misuse by commissions and officials across
India. The court order dated November 21 which criticises Shailesh Gandhi,
former central information commissioner, sets aside his order which stated that
it was an applicant's choice to decide which method to use for seeking
information.
The HC order
states, "Section 22 of the RTI Act has an overriding effect over other
laws in case there are inconsistencies.
However,
Section 22 of the RTI Act does not contemplate overriding those legislations
which aim to ensure access to information."
It goes on to
state: "Section 22 of the RTI Act does not mean an implied repeal of all
statutes but only an overriding provision in case of an inherent
inconsistency." The court mentions two sides of information that courts
can provide the administrative and the judicial.
"Even
though every authority is allowed to have its own rules, the HC order states
that RTI Act comes into play only if the rules are inconsistent. If they are no
inconsistencies, what is the harm in giving information under RTI?," said
Bhaskar Prabhu.
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