Thursday, July 30, 2020

BMC insists on physical presence to hear RTI appeals , Bombay HC asks why

Times of India: Mumbai: Thursday, 30 July 2020.
The Bombay high court on Tuesday sought BMC’s response on why online hearing is not provided to persons filing appeals under the Right to Information Act.
A bench of Chief Justice Dipankar Datta and Justice Sarang Kotwal heard a public interest litigation by advocate Mayur Faria who said BMC has no option for online hearing of RTI appeals during the Covid-19 pandemic. He cited an instance of how, with regard to a first appeal, the executive engineer of ward A was insisting that his client remain physically present for the hearing. “It’s very inconvenient for the public at large to travel,” said Faria.
Asked if he had approached the municipal commissioner with his grievance that the executive engineer is asking for physical presence at the hearing, Faria replied that he hadn’t. He said he informed the executive engineer of his client’s inability to remain physically present.
“If there are no [online] facilities, the corporation must find out what is the problem. Why video-conference cannot be provided?” the chief justice asked. Faria also said that the BMC is not accepting fresh RTI applications.
The judges, in their order, noted that they could dispose of the PIL without calling for replies on Friday, but subject to consideration of BMC’s version. They directed Faria to serve another notice on the executive engineer “as well as municipal commissioner that we desire representation from their side on the next date” of hearing.