The new issue suggests that courts seem to be at a cross with the stand taken by public authorities.
Even as the Bombay High Court is hearing a case wherein RTI activists have been banned entry on Brihanmumbai Municipal Corporation (BMC) campus by the civic body itself, a Punjab and Haryana High Court order is being widely circulated among the information act users. The new issue suggests that courts seem to be at a cross with the stand taken by public authorities.
The Punjab and Haryana High Court order has severely criticised the administration of Chandigarh Union Territory when it questioned an RTI applicant’s “integrity”. The order dated December 12, 2018, was given by Justice Rajiv Sharma and Justice Harinder Singh Sidhu. The order was given in a case when an employee of Chandigarh Union Territory had filed an RTI application. His department had questioned his “integrity” for filing the plea and doubted his credentials as he had an association with a party that has often protested against the department.
The court said that any person had the right to file RTI application. The order comes even as RTI activist and applicants have been protesting decisions by authorities including BMC.
“I think the judges who have passed the order have displayed a great understanding of Article 19. Freedom of speech, expression, publishing and RTI are treated equally. It is desirable that a man must be great integrity to publish something. However, it doesn’t mean that of someone does not have that, does not have a right of publishing or expressing himself.
The judges have shown sensitivity towards democracy,” said Shailesh Gandhi, former central information commissioner.
“We have shared the order with some commissioners. They should take note of it and see to it that RTI applicants are not harassed. RTI Act clearly states that reason should not be asked when an applicant is seeking information. It has become the practice to call applicants blackmailers. The order clearly states that you cannot question the integrity of a person,” said Bhaskar Prabhu, an RTI activist.
ORDER
The Punjab and Haryana High Court order has severely criticised the administration of Chandigarh Union Territory when it questioned an RTI applicant’s “integrity”.
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