The ‘Right to Know’ provided under the Right To Information Act 2005 (RTI Act) is not a mere statutory right, but it is treated as a facet of the fundamental right guaranteed under Article 19 and 21 of the Constitution of India. It is an effective device in the hands of citizens which would help them become more informed.
The cherished objective of this revolutionary piece of legislation was to promote transparency and accountability in the working of every public authority to strengthen core constitutional values of a democratic republic.After enforcement of the RTI Act, our country has become a participatory democracy from that of a representative democracy. There is a feeling in the minds of ordinary men that there is nothing to hide in the affairs of governance. All are accountable to people who are masters in a democratic republic.
Even without publishing the report or placing it before the State Assembly, important recommendations of the Solar Commission were made public by the Chief Minister in a hastily convened press meet and proclaimed criminal prosecution would be initiated against those named in the report.
The Commission was appointed by the state by exercising the powers under Section 3 of the Commission of Inquiry Act 1952, for the purpose of making an inquiry into any definite matter of public importance and performing such functions.
The words ‘public importance’ referred to in section 3 of the Commission of Inquiry Act is very relevant in the context of Sub-section of Section 8 of the RTI Act.
Section 8 provides exemptions from disclosure under the RTI Act and sub Section (2) provides that notwithstanding anything in the Official Secrets Act 1923 nor any of the exemptions permissible in accordance with subsection(1), a public authority may allow access to information if public interest in disclosure outweighs the harm to the protected interests.
It means if any public interest outweighs the disclosure there can be no denial of information and any of the exemptions under RTI Act or any prohibitions under Official Secrets Act 1923 is applicable.
It is trite the Commission of Inquiry was appointed to inquire into a matter of public importance and hence there can be no denial of access to any information relating to the report made by the Commission appointed under the Act.
Over and above, the government has declared criminal prosecution against the named persons on the basis of the recommendations of the Commission which means the information concerns personal liberty which is liable to be provided within 48 hours of the receipt of application as contemplated under the proviso to Section 7 of the RTI Act.
T Asaf Ali
The author is former Director General of Prosecution
(The views of the author are his own)