"Purpose And Object Of RTI Act Defeated Due To Frivolous Applications" Plea Before Supreme Court Seeks Guidelines To Curb Misuse Of RTI Act

Supreme Court has on Monday adjourned the plea filed seeking guidelines to curb the misuse of Right to Information Act and smooth functioning of the public sectors, co-operative sectors, private Sectors, and organisation that fall under RTI Act.

The adjournment was granted by a three-Judge Bench of CJI NV Ramana, Justice Bopanna and Justice Hrishikesh Roy in pursuance of a letter having been circulated seeking the same.

The present plea filed through Advocate Harisha SR and drawn by Advocate Reepak Kansal has also sought directions to introduce the concept of locus standi of the applicant seeking information under RTI Act based on the strict scrutiny on the intention of the applicant

According to the plea which was filed before the top Court in March 2021, the purpose and object of the RTI Act are defeated due to heavy load of frivolous and repeated applications under RTI, filed by habitual RTI Activists adversely affect the functioning of Government or public de

The plea has emphasised the need to reduce the misuse of the RTI Act and put in place guidelines to check the locus standi of RTI applicants which would promote efficient operations of the government with optimum use of limited fiscal resources and the satisfaction of genuine query of a responsible citizen.

"In the judicial system, first and foremost the .. requirement of locus standi is fulfilled and then the parties are heard but in RTI, there is no such requirement which is also a reason for misusing of RTI." the plea has said

'If an individual can show the cause which relates him and the public office, the entire structure would be more solemn and instead of making a mockery of the system, it will rather work to make it more limpid' and efficacious' the plea has added.

The plea, has also cited Supreme Court's order in the case of 'CBSE and others V. Aditya Bandopadhyay and Ors", where it was held that "Indiscriminate demands under the RTI Act for the disclosure of all and sundry information need not be met".