Court Orders Complete Disclosure of Information, Deems Restriction on Filing RTI Applications Unjustified
In a landmark ruling, the Orissa High Court has quashed the restriction imposed by the Odisha Information Commission that limited petitioner Chittaranjan Sethy to filing no more than 12 Right to Information (RTI) applications per calendar year. The court deemed this restriction legally untenable, thus ensuring the petitioner's right to seek information without arbitrary limitations.
The ruling, delivered by Justice R.K. Pattanaik, came in response to a writ petition challenging an earlier decision by the State Information Commission, which had dismissed Sethy's appeals on the grounds that the information requests were repetitive. The commission had further barred Sethy from filing any additional applications for a year, with the exception of 12 applications annually.
Justice Pattanaik emphasized that even if Sethy had a habit of filing numerous RTI applications, such a restriction violated the provisions of the RTI Act, 2005. The court directed the authorities to provide the outstanding information that Sethy requested, which had not been fully disclosed.
The judgment clarified that the State Information Commission could not impose a blanket restriction on the number of RTI applications filed, as it infringed upon the fundamental rights guaranteed under the RTI Act. The court thus ordered the commission to supply the remaining information as per Sethy's original applications.
The decision reinforces the ethos of transparency and accountability enshrined in the RTI Act, highlighting the judiciary's role in upholding the citizens' right to information. Legal experts suggest that this ruling will serve as a precedent in cases where similar restrictions are imposed, ensuring that the right to information remains unfettered by arbitrary limitations.
The ruling has been welcomed by advocates of transparency and open governance, who argue that the ability to file multiple RTI applications is crucial for holding public authorities accountable.
Bottom Line:
Right to Information Act - Restriction imposed by the State Information Commission on filing multiple RTI applications is not legally tenable.
Statutory provision(s): Right to Information Act, 2005
