Par Panel on RTI implementation yet to finalise its report: RS

During the hearing before the CIC,the Secretariat had said that the report,sought by an RTI applicant,has not been “tabled” in the House and its disclosure would amount to breach of Parliamentary privileges thus attracting exemption under the RTI Act.

Chief Information Commissioner Satyananda Mishra had taken strong objection to the fact that report has not been tabled even after three years and said recommendations of Parliamentary committees cannot be kept out of citizens’ reach “indefinitely” even if they have not been tabled in the House.

“The CIC..,directed the CPIO to disclose findings of Department-Related Parliamentary Standing Committee on Personnel,Public Grievances,Law and Justice on the subject “implementation of the Right to Information Act,2005,” the secretariat said in its reply to applicant Vihar Dhurve.

Director at the Rajya Sabha Secretariat A K Singh in his reply now said that the subject matter received Committee’s consideration during December 2007 to February 20089 when it had interactions with various stakeholders including representatives of the concerned ministries. More The reply dated June 24 said,”However,the Committee has so far had only inputs/feedback on the subject and it has not yet finalised its findings. Thus,the information ordered to be disclosed does not exist at this point of time.”

During the hearing before CIC,Venkatesh Nayak of Commonwealth Human Rights Initiative,who represented Dhurve,had argued that if the authorities chose not to place the Committee’s recommendations before the House even after three years,the information could not be denied indefinitely.

Agreeing with the view,Mishra had said,”Parliament of India is the highest law-making body. It has to be a model in implementing the laws it makes… Just because the competent authority has not decided to place it before Parliament even after lapse of about three years,it cannot indefinitely hold it back from citizens.”

Mishra had further said in his orders,”It cannot be anybody’s argument that just because authorities decide not to act on the findings of the committee,it could be held back from the citizens by invoking one or the other provisions of the RTI Act for an indefinite period.”