(
Reproduced from Times Of India ( Bangalore ) August
15, 2008 page 3 )
For govt, RTI a weapon to
conceal information
Rishikesh Bahadur Desai | TNN
Bangalore: Is the Karnataka
government using the Right To Information (RTI) Act
to reveal information or to conceal it? Going by the
way some RTI applications have been handled, it seems
an attempt is being made to suppress this weapon in
the hands of the public. In the first place, the
deadline is not adhered to while responding to RTI
applications. Secondly, the government often says it
does not have the information sought but does not
transfer the application to the department concerned,
as mandated by the law.
An RTI application filed by the TOI seeking
details of transfers during President’s
rule — from November 2007 till elections
were announced — drew a blank. The
department of personnel and administrative
reforms returned it without providing the
information. DPAR monitors transfers,
postings, creation and abolition of posts. It
issues press releases about every transfer in
40-odd government departments.
DPAR could have provided the press
releases issued during President’s rule
regarding transfers made. The application was filed
on April 15 and the acknowledgment received on June
7, beyond the 45-day period allowed by the Act. The
reply said: “The information you sought is not
available. It can be got from various
departments.’’ A copy of the government
order about the rules governing transfers, dated Nov
22, 2001, was appended to the reply. A letter sent to
the DPAR principal secretary seeking the information
drew no response.
Information commissioner A K
Thippeswamy says the DPAR made a mistake. If a public
authority feels an application seeks information that
is not within its purview, it should transfer it to
the department concerned and inform the applicant.
DPAR’s move, he adds, is a violation of Section
6(3) of the RTI Act.
RTI campaigner and president of the
NGO Mahithi Hakku Jagruti Vedike JSD Pani says:
“One way to misuse the Act is to give an
incomplete answer. The government does not keep the
legal deadline to provide replies. This is
unpardonable.’’
What is Section 6(3)?
Where an application is made to a public authority
requesting information,
(i) which is held by another public
authority; or
(ii) the subject matter of which is
more closely connected with the functions of another
public authority, the public authority, to which such
application is made, shall transfer the application
or such part of it as may be appropriate to that
other public authority and inform the applicant about
such transfer.
With
in 48 hours of Press report about
organising Volunteer groups to keep
watch on Police response
to complaints, we are happy that DGP
& IG has started the service of a
toll free No to Police HQ. In his own
word she has taken only 6 hours to put
this system installed.