RTI- Information Commission Is Expected To Be Autonomous and Resistant To Any Pressure From the Executive: Kerala HC [Read Judgment]

The High Court of Kerala has observed that State Information Commission is expected to be autonomous and resistant to any pressure from the Executive.

In the instant case. the petitioner who is an information activist, had preferred an application to the Government under Right to Information Act.The information pertained to certain data on inter state matters.The Government issued an order stating that such information cannot be disclosed citing 'state interests'.

"All documents/information related to Inter State matters and documents/information which Government feels privy and the disclosure of the same may hamper the interest of the State shall be exempted from revealing to the public even on request under RTI Act", 

Terming the above order as 'disquieting' and affront to the provisions of R.T.I Act, the court deprecated the practice and attempt of Government to dictate terms on the types of information that could be dispensed to the public.

The court said that the information officers and appellate authority are independent entities and governed solely under the provisions of the R.T.I.Act.Any information sought under R.T.I Act can only be exempted or denied under the provisions there under the court held with reference to Sections 8 and 9 of the Act.

Justice Devan Ramachandran opined as follows - "From this limited perspective, I must say that I fail to understand how the Government of Kerala could order in Ext.P2 that "all documents/information related to Inter State matters and documents/information which Government feels privy and the disclosure of the same may hamper the interest of the State shall be exempted from revealing to the public even on request under RTI Act", particularly when, under the Right to Information Act is a well defined hierarchy of officers, with the State Information Commission at its head, which is expected to be autonomous and resistant to any pressure from the Executive.

"It is disquieting that Ext.P2 order appears to be an attempt to influence the various Information Officers and Appellate Authorities under the RTI Act, by dictating that they shall not make available certain types of information, no matter what the mandate of the RTI Act. This certainly is a very dangerous proposition and it is incomprehensible how the Government could arrogate to itself the power to issue such an order, knowing fully well that this is gross affront to the provisions of law, because it must certainly be aware that information sought for by an applicant under the RTI Act can only be denied under the specific instances enumerated in Sections 8 and 9 of the said Act and in no other."

The court made it abundantly clear that the Officials considering the application under R.T.I Act should consider them without being influenced or trampled by the contents of the aforementioned Government order.The court also directed that the Public Information officers,appellate authorities, and State Information Commission to consider such applications strictly in accordance with the provisions of the R.T.I Act alone, de hors the aforementioned Government order.

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