http://www.moneylife.in/article/secret-documents-must-be-reviewed-and-made-available-after-20-years/20611.html
�Secret documents must be reviewed and made available after 20 years�
October 15, 2011 06:26 PM
Moneylife Digital Team
A democracy is no place for secrets. And RTI (Right to Information) users therefore, must focus on implementing the Act, and making the authorities more proactive in disclosing information, especially now, when the debate is going on about the reach of the Right to Information Act,� said former chief information commissioner Wajahat Habibullah. He was speaking at a seminar organised by Moneylife Foundation on 15th October at the Nehru Centre, Worli, at Mumbai.
He talked about a case where veteran journalist Kuldip Nayar had sought some documents about the interaction between Benazir Bhutto and Indian diplomats from the 1960s. The ministry of external affairs said that a junior officer had reviewed the records and ruled that the information cannot be disclosed. �The senior bureaucrats and ministers sided with him. I then ruled that a committee be set up to review such secret documents that are more than 20 years old and make them available to the public. Unfortunately, that has not happened,� he said.
Mr Habibullah said that efforts are being made by authorities to make information available online, as the department of administrative reforms and pension schemes is going to invest Rs23,000 crore for e-governance. When asked about why authorities have not disclosed information, he said that is because the law doesn�t say how to enforce it.
The current Supreme Court-Chief Information Commission tussle regarding a CIC directive has caused much anxiety to RTI activists, along with the rumours about amendment to the RTI Act. Mr Habibullah said, �I don�t think the law needs to be changed�that will dilute its powers. The Prime Minister thinks that the present Act prevents information officers from expressing their honest opinion. I think that a bureaucrat will never disclose information if he has something to hide and the PM�s fears are unfounded.�
While speaking about whether non-governmental organisations (NGOs) should be covered by RTI, he said that NGOs that are substantially funded by the government must not be exempt. He cited a hearing about disclosure of some information about a racecourse. �I believe that if some institution is set up under a law, it is subject to RTI. Such organisations are often indirectly funded by the public as they get many concessions.�
He also discussed the exemptions mentioned in the RTI Act. He said that first information reports (FIRs) can also be accessed by RTI, and such disclosure cannot be said to impede investigation. However, the concept of �privacy� must be discussed, because there is a demand to cover public-private partnerships (PPPs); while on the other hand, Parliament is about to introduce a Bill on privacy in the next session.
Mr Habibullah said that public authorities have taken advantage of the low compensations and penalties that have been levied against errant PIOs (Public Information Officers). �They just file a case in order to get away with delays. The penalty course must be more forcefully used,� he said. When asked about whether housing societies come under RTI, he said that if contradictory opinions exist about the issue, it reveals that the law needs clarity.
In reply to a question, he also said that an RTI user can get compensation in case of harassment.
Anil Divan, senior advocate at the Supreme Court and current president of the Bar Association of India, who was Mr Habibullah�s co-panellist, said that the RTI Act must be used to expose corruption.
He said, �Persons who hold Constitutional positions are immune from Executive and political pressure, but the agencies which are in charge of investigating cases or vigilant bodies are governed by the Executive. An independent investigation agency which will be at par with the Supreme Court or Election Commission is necessary to act on the cases on corruption.�
Mr Divan shared his views on the current RTI-Judiciary tussle...............................................................
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