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This is an archive article published on April 9, 2010

Activists ask why rider on Padma award RTI reply

MHA has told an RTI applicant to keep information about Padma Awards only for his 'personal consumption'.

The Home Ministrys instruction to an RTI applicant to keep information about Padma Awards only for his personal consumption and should not be shared with the media has invited criticism from RTI activists who say such riders defeat the purpose of the RTI Act.

Applicant Subhash Chandra Agrawal had sought a reply from the Home Ministry pertaining to the list of candidates whose names were deliberated by the Padma Awards Committee for the awards. The reply was: The above information is for the consumption of the applicant and not for publicity in press.

Chief Information Commissioner Wajahat Habibullah said a public authority could only recommend such requests but cannot dictate the terms. The Act speaks only about disclosure or non-disclosure of the requisite information and no public authority can press a condition in their reply. Therefore,though it could be a matter of courtesy,there cannot be any legal obligation on an applicant to abide by any such term, Habibullah said.

Agrawal said,No public authority can be allowed to come up with such conditions while giving response to a RTI query. It is against the spirit of transparency and accountability that are the essence of the Act.

RTI activist Afroz Alam said,It could not be within the purview of the ministry concerned to add stipulations like this,for it defeats the entire purpose of the legislation.

 

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