Sunday 19 January 2020

RTI Act should be implemented effectively in Maharashtra

A group of RTI activists &  Eminent Lawyers have presented a Memorandum of demands to Chief State Information Commissioner Sumit Mulcik for better implementation of RTI Act in Maharashtra. RTI Activist Anil Galgali was accompanied by Adv. Dilip Dhumaskar (Retd. Chief Judicial Magistrate), Adv. Naseer Jahagirdar & RTI activists G. R. Vora & Clarence Pinto.

In a Memorandum Specially urge serval points to make strong RTI Act. Due to lax attitude of Information Commissioners the Public Information Officers (PIOs) and the First Appellate Authority (FAAs) are being callous in furnishing information to the citizens who seek information under this sunshine law - the RTI Act.

The PIOs and FAAs do not adhere to the provisions of this Act and even blatantly deny information on illegal constructions, contracts, corruption etc. Of late it has been noticed that even the PIOs and FAAs threaten and assault the RTI applicants who seek information on corruption issues.

This non-transparency in governance matters is leading to violation of laws, abuse of power, circumventing of norms and thus misgovernance. The Right to Information of common citizens has become fight for information. So a list of corrective measures which need to be taken urgently by the Chief SIC were handed over to him by this delegation.

The memorandum stressed on the need for implementation of Section 18 and Section 19 of the Act as per interpretation of the Hon’ble Supreme Court and that no order for information can be issued under Section18 but only for penalty. Stress was also laid on the fact that the practice of direct dismissal of complaints under Section18 without availing First and Second Appeal contradicted the law laid down by the Hon'ble Supreme Court in Civil Application No. 10787 & 10788 of 2011 and that the remedy of penalty u/s 18 vide a direct complaint was very much provided by the Act. The delegation also stressed on treating the applicants with dignity and empathy. 

It was a fruitful discussion with the Chief State Information Commission promising to abide by the interpretations of the Hon’ble Supreme Court and administer the Act in its letter and spirit. Mr Mulick assured that he will try his level best and issue necessary instructions to Govt of Maharashtra.

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