September 6, 2012

Under Right to Information Act, what to do if required information is not furnished?

Under Right to Information Act, what to do if required information is not furnished?

When this issue arose, it is now upheld by SC that Commissioner cannot order disclosure of Information, though he can impose heavy penalty. The Act does not give such powers to force government to disclose specific details, but it can certainly impose heavy penalty on Govt body.

For specific details or information, In my views

1) High Courts have power under Art 226 to direct disclosure of information.

Supreme Court can pass orders to call for records and to file affidavit disclosing specific points.

2) It is also my view that Civil Court can pass orders under provisions of interrogatories to produce documents and disclosures.

More on this can be found in judgement dated 12.12.2011 in case of Chief Information Commissioner versus State of Manipur on website of Supreme Court.

Judgement can be on Google and can also be found in 2011(13)Scale 460

Haresh Raichura
6/9/2011