No Right to Harass Under RTI Act
The Punjab & Haryana High Court ruled that the Right to Information (RTI) Act does not allow individuals to seek information with the intent to harass government employees. The court emphasized that the RTI Act ensures transparency but does not permit misuse.
Case Background
A lawyer had filed an RTI request seeking the complete records of a Cooperative Society. The request included details of the sale and auction of molasses, bagasse, and press mud. It also sought information on bidders, tender documents, and contracts awarded by the Central and State Governments.
Court Observation: Third-Party Information Cannot Be Disclosed
Justice Harsimran Singh Sethi observed that the requested information involved third-party details. The court stated that disclosing bidder identities and submitted documents violates Rule 8 of the RTI Act. The law does not permit revealing such details under RTI provisions.
Supreme Court Precedent
The court referred to the Supreme Court’s ruling in CBSE & Another vs. Aditya Bandopadhyay. The judgment stressed enforcing RTI provisions strictly while balancing transparency with confidentiality. While section 4(1)(b) of the RTI Act promotes transparency, other provisions protect sensitive information, fiduciary relationships, and government efficiency.
Court Sets Aside State Information Commission’s Order
The court noted that the case had remained pending for ten years. The complainant made no effort to uphold the 2014 order granting access to the requested information. Given these circumstances, the court ruled in favor of the Cooperative Society and set aside the State Information Commission’s decision.
What Is The Right To Information Act?
The Right to Information (RTI) Act, 2005, empowers Indian citizens to access government records. It promotes transparency and accountability in public offices. The law ensures that authorities disclose information to prevent corruption and improve governance.
Who Can File an RTI?
Any Indian citizen can file an RTI application. The applicant does not need to provide a reason for seeking information. However, the request must be clear and specific.