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RTIFED/SICP/SUMMARY DISPOSAL2013/055/2311 23 NOVEMBER 2013 THROUGH E-MAIL
Mr. R.I. Singh Hon’ble State Chief Information Commissioner, Punjab State Information Commission, SCO 84-85, Sector 17-C, Chandigarh -160017 Email: [email protected]
Mr. Naresh Gulati Hon’ble State Chief Information Commissioner State Information Commission, Haryana, SCO No. 70-71, Sector 8-C, Chandigarh - 160008 Email: [email protected] This Mail in original is also sent through email to:
All Hon’ble Chief Information Commissioners of 1. All Hon’ble State Information Commissions & 2. Hon’ble Central Information Commission 3. All Hon’ble Chief Secretaries of All State of India
4. Department of Personnel & Training GOI New Delhi
CALCUTTA HC ALLOWS ANONYMOUS RTI APPLICATIONS USING POST BOX
Hon’ble Sir,
I would like to invite kind attention towards the recent decision of Punjab State Information Commission move asking the Complainants and the Appellants to submit a proof of Identity together with their Complaints & Appeals.
This was implemented clandestinely under the grab of a Hon’ble Punjab & Haryana High Court Decision of 02 November 2012 in Civil Writ Petition No. 4787 of 2011 titled “Fruit and Merchant Union V/s Chief Information Commissioner and others.
This communication is sent through electronic media and as such does not require any signature.
Write at: 3758, Sector 22-D, Chandigarh – 160022 | Mobile +919-888-810-811 | Website: www.rtifed.com
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While there were many more directions of the Hon’ble High Court, only this one was singled out and picked up just to obviate any ‘so called’ contempt proceedings.
RTIFED had objected to this that “this is a serious threat to the RTI Activists who seek vital information to expose corruption, and their contact particulars are disclosed by the Public Authorities to vested interests. Owing to this, about 150 murderous attacks have been reported (and a many more went unreported) some of which were resulted in fatal injuries even in deaths of the RTI Whistle Blowers”.
RTIFED had also wished that the Contact Particulars of the Appellant & Complainants may not be published (as practice in vogue in Courts, High Courts and Supreme Court) in the orders of the Commissions which are placed on the websites of the commissions for free access for anyone. Only the Name be mentioned (e.g., John Vs. PIO etc.). Ostensibly, this request was not heeded to and the incidence of attach on the RTI Whistle Blowers is on the rise.
This also give rise to the suspicion that Commissions across the country are not sensitive enough to curb corruption, while they are alert enough to sense that “they may not be hounded for contempt”, even if it costs someone’s his life.
Now Hon’ble Calcutta High Court has appreciated this problem and has ordered in W.P. 33290(W) of 2013 decided on 20 November 2013 on a petition of one Mr. Avishek Goenka (copy attached):
“Looking to the said provision1, we find logic in the submission of the petitioner. When the legislature thought it fit, the applicant need not disclose any personal detail, the authority should not insist upon his detailed whereabouts particularly when post box number is provided for that would establish contact with him and the authority.
“2….However, in such case, it would be the solemn duty of the authority to hide such information and particularly from their website so that people at large would not know of the details.”
Hon’ble Calcutta High Court has gone a step further to direct the Secretary, Ministry of Personnel
“Secretary, Ministry of Personnel should circulate the copy of this order to all concerned so that the authority can take appropriate measure to hide information with regard to personal details of the activist to avoid any harassment by the persons having vested interest.”
1 Section 6(2) of Right to information Act 2005, which says: “an applicant making request for information shall not be required to give any
reason for requesting the information or any other personal details except those that may be necessary for contacting him”. 2 Hon’ble Calcutta High Court has also held that “In case, the authority would find any difficulty with the post box number, they may insist upon
personal details.”
Imp
This communication is sent through electronic media and as such does not require any signature.
Write at: 3758, Sector 22-D, Chandigarh – 160022 | Mobile +919-888-810-811 | Website: www.rtifed.com
Page 3 of 3
This is the high time that the Information commissions in General and Information Commissioners in particular, are become sensitive to the human values and lives and should ensure that the same are protected at all costs.
RTIFED also invite the kind attention of the Hon’ble Commissions towards another provision in the Right to Information Act 2005 relating to “Severability” under Section 10 of the Act ibid. While this provision is widely used to watch the interest of the Officers and the Third Party, it is rarely used to protect the information seekers. This communication is sent through electronic media and as such does not require any signature. RTIFED would like to sit with the commissions to bring a workaround to operationalize this in the commissions, and very earnestly seek that the Commissions will bestow their node for this humane issue, would get a invite for this. The receipt of this communication may please be acknowledged. Thanking you, Very cordially yours, Surendera M. Bhanot President RTIFED3 [email protected] enclosure: as stated please.
- A copy is sent to all RTI Activist NGOs for making similar plea in their stae/area of operation to concerned authorities.
3RTIFED (formerly known as RTI Activists’ Federation and founded by the legendary Advocate H.C. Arora)
is a body looking after the rights of the RTI Applicants and keeping an eye over the happenings of the RTI related matters in various states.
