Declaration of Assets of Gujrat's Ministers not in 'Larger' public interest

After comming to power in the centre PM Narendra Modi had directed all the Central Ministers to declare their Assets & Liabilities statement immediately on assuming charge, simultaneously he directed all the Bureaucrats also to file such a statement declaring the family's assets including their spouses. But the same rule does not apply to his home state, where he governed as CM for more than 12 years. Anil Galgali seeking information of the same is denied stating that it is not in 'Larger Public Interest'.

Munbai based RTI Activist Anil Galgali had filed a RTI query seeking information about the status of filing of declaration of Assets and Liabilities by the CM and his Council of Ministers in the past 5 years. Also he sought to know about action taken, by the CM on persons who have failed to file his/her declaration of assets and liabilities in the past 5 years. In a reply to the query, Shri P V Patel, Under Secretary (Cabinet) & Public Information Officer of the Gujarat Govt stated that, "the information sought cannot be furnished since information available to a person in this fiduciary relationship and the information sought is personal information." He further quoted section 8(1)(e) & Section 8(1)(j) of RTI Act 2005 for denial of information, further commenting that the disclosure would cause unwanted invasion of privacy of the individual as reason for rejecting information.

Mr Patel further declared the query as a similar case with SLP No 27734 of 2012 in Hon'ble Supreme Court of Applicant Girish Ramchandra Deshpande v/s A B Lute, Sub Regional Provident Fund, Akola, wherein the Hon'ble Supreme court judged on 3rd Oct, 2012 that information regarding static and movable assets are personal and falls under section 8(1)(e) & Section 8(1)(j) of RTI Act 2005.

Anil Galgali has filed a appeal with Mr B J Brahmabhatt, Appelleate Officer & Dy Secretary (Cabinet), GAD, Govt of Gujarat against the reply, stating the the Union Home Ministry has made it mandatory for the Central & State Govt Ministers to file their Assets & Liabilities statement every year by July 31st. Hence the reasons for refusing the information is ridiculous. Galgali further stated that the information is mandotary to be made online under Section 4(1) of RTI Act 2005, which has not been done, and as such warranted the filing of the query for seeking information.

Galgali has questioned that, PM Narendra Modi is directing his Central Ministers, Bureaucrats & all state govt's to implement the declaration of assets, but will he direct Gujarat to implement the RTI Act 2005 in toto.