RTI activists decry scope of misuse in Delhi High Court order

A recent Delhi High Court order has once again set tongues wagging when it comes to seeking information under Right to Information (RTI) Act from courts. Activists said that the order leaves scope for misuse by commissions and officials across India. The court order dated November 21 which criticises Shailesh Gandhi, former central information commissioner, sets aside his order which stated that it was an applicant's choice to decide which method to use for seeking information.

The HC order states, "Section 22 of the RTI Act has an overriding effect over other laws in case there are inconsistencies. 

However, Section 22 of the RTI Act does not contemplate overriding those legislations which aim to ensure access to information." 

It goes on to state: "Section 22 of the RTI Act does not mean an implied repeal of all statutes but only an overriding provision in case of an inherent inconsistency." The court mentions two sides of information that courts can provide — the administrative and the judicial.

"Even though every authority is allowed to have its own rules, the HC order states that RTI Act comes into play only if the rules are inconsistent. If they are no inconsistencies, what is the harm in giving information under RTI?," said Bhaskar Prabhu.