Latest news with #StateInformationCommission
Indian Express
12-06-2025
- Politics
- Indian Express
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.
Time of India
07-06-2025
- Politics
- Time of India
State Information Commission recommends cyberfraud cases to be brought under RTI purview
Ahmedabad: The State Information Commission has recommended to the state home department that cyberfraud cases be brought under the purview of the Right to Information Act. It suggests supplying details about cyber offences and investigations to complainants by making amendments in the notification. Tired of too many ads? go ad free now At present, the cybercrime cell refuses to share details about investigations and progress made in cyberfraud cases, citing that the cell functions under CID (Crime), which is exempted from the obligation of furnishing information under the provisions of Section 24 of the Act. Information Commissioner Nikhil Bhatt has suggested the state govt withdraw the investigation of cyberfraud cases from the exemption granted to CID (Crime) by making amendments in its gazette notification of Oct 25, 2005, under the provisions of Section 25(3)(j) of the Act. The commission further stated that the govt has granted exemption to the local crime branch and crime branch in rural and urban areas from RTI obligations. It has recommended the withdrawal of this exemption in connection with these agencies as well, as far as cybercrime complaints are concerned. It has sought a periodic report of progress in this direction if the home department agrees to do it. "If the amended notification is issued by the state govt as recommended by the commission, a copy of it shall be sent to the commission," the order reads. The commission's recommendation came after one Rakesh Prajapati, a complainant in a cyberfraud case, sought details under RTI provisions regarding progress in the investigation of his case. However, he was denied the information by the authorities on the grounds that the cybercrime cell functions under CID (Crime), which is exempted from RTI obligations. The commission said that innocent citizens lose their hard-earned savings in cyberfraud, and they file complaints with the Cybercrime Cell. Tired of too many ads? go ad free now They are eager to know when they will get their money back and what action has been taken on their complaints. Upon denial of such information, they feel dejected. "This commission firmly believes that information related to cyber offences registered with the Cybercrime Cell, which functions under CID (Crime) at present, should be shared with the victims of cyberfraud. " The commission further said that CID (Crime) probes sensitive cases and hence is exempted from RTI purview. However, cyberfrauds are less serious in nature and it is not a "core activity" of CID (Crime). Moreover, the Cybercrime Cell was not in existence when CID (Crime) was exempted from RTI obligations. "The commission does not agree with the decision of not sharing information related to cyberfrauds under the guise of secrecy or by taking the shield of exemption granted under Section 24 of the RTI Act," it said.
New Indian Express
21-05-2025
- Politics
- New Indian Express
Bar associations fall under ambit of RTI Act, rules state information panel in Kerala
THIRUVANANTHAPURAM: Bar associations in Kerala will come under the ambit of the Right to Information (RTI) Act, the State Information Commission has ruled. State Information Commissioner Sreekumar M issued the ruling on a petition filed by Adv T K Sathyanathan against the Kozhikode Bar Association, after the latter refused to respond to his RTI query. Sathyanathan alleged the association denied reply on the grounds that they were not covered by the RTI Act. The Kozhikode district collector informed the commission that the association was functioning rent-free in a government-owned building located on government land. The commission then observed that this could be construed as indirect funding by the government and therefore the bar association comes under the ambit of Section 2 (h) of the RTI Act, 2005, and becomes a public body. The commission observed that bar associations in Kerala, which are thus part of the judiciary and operate through indirect appropriation of public property, are covered by sections 2 (h) (d) and 2 (h) (ii) of the RTI Act, 2005. The commission has asked the Kozhikode Bar Association to provide an explanation within 15 days so as not to attract penalty as per Section 20 (1) of the RTI Act for not providing a timely reply to the petitioner. The commission observed that the associations have to function with the transparency and accountability expected from a public institution.
New Indian Express
18-05-2025
- Politics
- New Indian Express
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.
The Hindu
17-05-2025
- Politics
- The Hindu
Courts are not outside the ambit of the RTI Act: State Information Commission
Courts are not outside the ambit of the Right to Information (RTI) Act and they cannot deny all information on the strength of Rule 12 governing subordinate courts and tribunals, the State Information Commission has said. Observing that some court officials were denying all information sought under the RTI Act, State Information Commissioner A. Abdul Hakkim said they are not empowered to do so as only judicial proceedings are exempted from disclosure under the Act. The commission's order came on a complaint filed by Joseph Jacob of Chelambra, Malappuram, against the Information Officer of the Munsiff Court, Chalakudy. 'Punishable offence' At a time when the Supreme Court and other major courts of the country are telecasting court proceedings live, denial of information by the lower courts is a punishable offence. Only matters under the consideration of judicial officers and judicial proceedings are exempted from the ambit of the RTI. A citizen is entitled to all other information from the courts, according to Mr. Hakkim's order. Mr. Jacob had filed two applications in the Munsiff Court in June and July 2021. However, the Information Officer concerned, Ajith Kumar, had denied him the information on the grounds that Rule 12 exempted courts from giving out information. Mr. Joseph had sought copies of auction Sanad, Vakalatnama and related documents. But the officer had taken the stand that the application need not be entertained on the strength of Rule 12 pertaining to subordinate courts and tribunals. When the commission sought a report from the court on the basis of Mr. Joseph's petition, the new information officer gave him the information. But Mr. Joseph stood firm on his complaint, and the commission had decided to initiate action against Mr. Ajith Kumar under Section 20(1) of the RTI Act. The latter has been directed to appear before the commission on May 28.
