SIC may seek clarification from Kochi Corporation on alleged move to curb RTI applications

The State Information Commission (SIC), Keralam, is likely to seek clarity from the Kochi Corporation on its reported move against those who repeatedly file applications under the Right to Information (RTI) Act.

The civic body had last week decided to hand over details of those who repeatedly filed RTI applications to the Vigilance and Anti-Corruption Bureau for a probe into their financial backgrounds.

The civic authorities maintained that the decision was taken in the wake of complaints that several applicants were misusing the provisions of the Act.

Mayor V.K. Minimol had informed the Corporation council that the civic body would hand over the list of such applicants to the anti-corruption agency. She had said that the move was not aimed at curbing the provisions of the RTI Act but at acting against those misusing the Act.

Meanwhile, a meeting of the SIC scheduled for Wednesday will discuss the issue after taking suo motu notice of the developments.

The Commission is likely to seek information from the civic body on the circumstances in which such a decision was taken. The forum may also find out whether any resolution was passed by the civic body seeking to restrain RTI applications, sources privy to the development said.

Sources in the SIC said no restriction could be imposed on the number of RTI applications one may file as the law did not prescribe a ceiling on the permissible number.

The legal provisions of the RTI flow from Article 19 (1) (a) of the Constitution, which guarantees to all citizens the right to freedom of speech and expression. No punishment or cost could be imposed on any citizen, nor could steps be taken to discourage anyone from seeking any information from an authority as mandated by law under the RTI Act, sources said.

However, applicants shall also be mindful of the observations of the Supreme Court in the CBSE Vs Bandhopadhyay and Others case, in which the apex court pointed out that the Act shall not be “misused or abused to become a tool to obstruct national development and integration and to destroy the peace and tranquillity and harmony among citizens.”

The court further suggested that the Act shall not be “converted into a tool of oppression or intimidation of honest officials discharging their duty. The nation does not want a scenario where 75% of staff of public authorities spend 75% of their time in collecting and furnishing information to applicants instead of discharging their duties,” SIC sources pointed out.