SC for checks on RTI abuse
The Supreme Court on Monday favoured framing of suitable guidelines to prevent the abuse and misuse of the Right to Information Act (RTI) by vested interests, which often resort to blackmail and criminal intimidation.
Pointing out that people, who are in no way connected to an issue, file RTI, a bench headed by chief Justice S.A.Bobde and also comprising Justices B.R. Gavai and Surya Kant said, "Sometimes it amounts to criminal intimidation, which is a nice word for blackmail. We are not against the right to information. But there is need for guidelines. It cannot be an unrivalled right."
Both CJI Bobde and Justice Gavai recalled that there were a number of instances in Mumbai when RTI applicants misused provisions to seek information relating to the award of commercial contracts.
While agreeing that there may be cases where businessmen may have taken recourse to transparency law to target their rivals, advocate Prashant Bhushan pointed out that, at the same time, many murky matters in power corridors have come to light through responses to RTI queries.
For instance, the entire issue relating to electoral bonds came out only in response to an RTI poser.
Underscoring the need for guidelines to prevent the abuse of RTI law, CJI Bobde wondered as to who were these so-called RTI activists. Is it a profession, he asked.
Justice Gavai observed: "There are people who put on their letter heads 'RTI Consultant’. Who are these people, he wanted to know."
Agreeing with the court that the RTI route was being misused, Additional Solicitor General Pinki Anand said that it was a matter of serious concern.
Anand informed the court that the search committee, which is to short list candidates for appointment as the Central Information
Commissioner and Information Commissioners, has been constituted, and their names would be put on the official website. The court took on record the statement by ASG Anand appearing for the Centre. While giving three months’ time to the Centre and the States to fill all the vacancies in the CIC and SICs, the court permitted Bhushan, who was appearing for PIL petitioner Anjali Bhardwaj, to file contempt against erring States and the Centre for non-compliance of the five directions issued on February 15, 2019.