Kerala State Information Commission rules courts not exempt from RTI Act
THIRUVANANTHAPURAM: Courts are not outside the purview of the Right to Information (RTI) Act and as per Rule 12 of the law, not all information can be denied to an applicant, the State Information Commission has ruled.
In an order, State Information Commissioner (SIC) A Abdul Hakeem noted that some court staff turn down RTI applications. The SIC said no information other than that pertaining to judicial proceedings should be withheld.
At a time when courts, including the Supreme Court webcast their proceedings live, the practice of lower courts denying information under RTI is an offence and is punishable. A citizen is entitled to get information on all matters other than those before the consideration of judicial officers and part of judicial proceedings, the SIC said.
The commission's order was based on a complaint against the information officer at the Chalakudy Munsif court in Thrissur. Joseph Jacob from Malappuram had given RTI applications seeking information in 2021 June and July but they were turned down by the information officer on the grounds that court-related matters cannot be divulged under Rule 12.
When the commission sought a report, the information sought by Joseph was provided by a new information officer. Since Joseph persisted with his complaint against the previous officer, the commission decided to punish him under Section 20 (1) of the RTI Act for denying the information to the applicant. The official has been summoned for a hearing on May 28.
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