Saturday 14 August, 2010

Traditional chiefs under RTI purview: Gauhati HC

Traditional chiefs under RTI purview: Gauhati HC

http://timesofindia.indiatimes.com/city/guwahati/Traditional-chiefs-under-RTI-purview-Gauhati-HC-/articleshow/6310611.cms

PTI, Aug 14, 2010, 01.55pm IST

SHILLONG: The Gauhati High Court has ruled that traditional tribal
chiefs also fall under the purview of the Right to Information Act.

Dismissing a petition by a Syiem (Khasi tribal chief in Meghalaya) to
have the right to deny access to information related to his office, a
Shillong bench of the court headed by Justice T Vaiphei said, "The
petitioner as a responsible public authority is expected to and must
find ways and means to implement the provisions of the RTI Act".

"The institution of the Syiem is certainly a pre-constitution office,
but on coming into force of the Constitution of India, the institution
continue to be recognised as evident from paragraph 3 (h) of the Sixth
Schedule to the Constitution and the Khasi Autonomous District
(Appointment and Succession of Syiem, Deputy Syiem, Electors and
Rangbah Shnong) Act, 2007 enacted there under," Justice Vaiphei said
in the order passed yesterday.

Since the petitioner is discharging executive and judicial functions,
there is absolutely no reason as to why he cannot be held to be a
public authority, the court added

The Syiem of Mylliem had petitioned the High Court after the State
Information Commissioner (SIC), G P Wahlang, asked him to furnish the
details of financial transactions of the Syiemship as sought by an
NGO, the Federation of Khasi Jaintia and Garo People (FKJGP).

The Syiem had argued that the office of the traditional chief does not
come under the purview of the RTI Act.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

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