Bombay HC questions RTI law ‘misuse', seeks expeditious disposal of SIC's complaints
Disposing of the PIL seeking efficient functioning of State Information Commission (SIC), the Bombay High Court questioned 'misuse' of Right To Information (RTI) through 'frivolous' applications filed before the authorities under the RTI Act, 2005.
After the lawyer representing SIC referred to some applications including the one as to how many Samosas were served at certain offices were filed, Chief Justice Alok Aradhe orally remarked, 'It is a paradox. Laws are made with a beneficial purpose
This is now being misused. RTI is even being filed to find a prospective son-in-law, to get information about young government officers' qualifications.'
The Court also directed the SIC to dispose of second appeals under RTI Act, 2005 in an expeditious manner.
The HC was informed by the Maharashtra government that the post of State Chief Information Commissioner (State CIC) and seven divisional Information Commissioners (ICs) were filled in April and there was no vacancy in the Commission.
A division bench of CJ Aradhe and Justice Sandeep V Marne disposed of a PIL filed by former chief information commissioner Shailesh Gandhi and some Right to Information (RTI) activists, through advocate Sunil Ahya in 2020.
The PIL had claimed that disposal of second appeals before the Commission takes much time, ultimately frustrating the information seekers.
The petitioner sought direction from the court to the SIC to chalk out a roadmap to dispose of nearly one lakh second appeals before authorities and complaints within 45 days.
The PIL also sought creation of three additional posts of Information Commissioners in the state.
AddItional govt Pleader Jyoti Chavan for the state government submitted that four vacancies including State CIC and three ICs were filled up in April, this year.
She stated that the government is presently considering the financial impact of creation of three additional posts of ICs and shall take a decision if the occasion so arises.
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