rti & uttar Pradesh - Allahabad HC RTI rules not in conformity with the Act

respected all,

earlier we , the rti activists were saying this now CIC has also put
his stamp on the demands of the activists from Uttar Pradesh . Please
read on

http://www.expressindia.com/latest-news/Allahabad-HC-RTI-rules-not-in-conformity-with-the-Act--CIC/663890/

Allahabad HC RTI rules not in conformity with the Act: CIC

Agencies
Posted: Aug 23, 2010 at 1610 hrs IST

New Delhi The Central Information Commission has taken strong
exception to the Allahabad High Court's rejection of RTI applications
which sought details of action on complaints against judges of
subordinate courts on grounds that the disclosure of such information
was not a rule or practice.
The Right to Information Act allows a public authority to frame RTI
rules for the processing of information sought by applications. These
rules may include fee, process adopted for the facilitation of
information, the officials who need to be contacted among others.

One such rule of the High Court says, "Notwithstanding anything
contained anywhere in these Rules, the applicant will be furnished
with the information, requested for, if and only if, the furnishing of
such information is not otherwise against any law or practice."

The rule was cited by the High Court while rejecting the RTI
applications of Onkar Sharma who sought to know the action taken on
his complaint against Civil Judge Veena Chaudhry and Ajay S Jajodia
who wanted details of action initiated on his complaint against Civil
Judge of Varanasi Aniruddha Maurya.

"If the High Court has established a practice of refusing such
information which would justify recourse to Rule 20 (v), this practice
is clearly in violation of the law and the CPIO is hereby directed to
ensure necessary changes in this practice to bring the management of
such records into compliance with the RTI Act 2005," Chief Information
Commissioner Wajahat Habibullah said in Sharma's case.

In the case of Jajodia, Habibullah said, "If, on the other hand, it
has been the practice in the High Court of Allahabad not to disclose
such information this practice is ultra vires of the RTI Act 2005."

The CIC directed the High Court to bring its rules "in conformity
with" the transparency law. The Commission also took exception to the
fact that the High Court Registrar had asked Jajodia, the reason for
seeking the information.

"the stand taken by the Registrar General, High Court of Allahabad is
in direct contravention of Section 6(2) of the RTI Act which states
without ambiguity '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," Habibullah said.

He said any information could only be denied if any of the sub-clauses
of section eight to the RTI Act were applicable on it. The section
lists several categories where disclosure is exempted.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

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