Bombay High Court Mandates Free RTI Information from Pernem Office
In a significant ruling, the Bombay High Court has directed the Public Information Officer (PIO) at the Inspector of Survey and Land Records (ISLR) office in Pernem to provide all requested information under the Right to Information (RTI) Act free of charge within one week. This decision comes after the court observed a complete lack of compliance with the RTI Act's provisions, highlighting systemic failures in public information management.
Failure to Digitize Records Leads to Court Intervention
The High Court explicitly stated that the ISLR, Pernem, failed to maintain its records in a digitized format accessible to the public over the internet. This oversight prompted the court to intervene, emphasizing that such digitization is not merely optional but a legal requirement under the RTI Act. The case originated when an RTI applicant, dissatisfied with the commission's dismissal of his appeal, approached the high court for redress.
Court Quashes Commission's Order, Upholds RTI Principles
The High Court quashed the State Information Commission's order, which had dismissed the applicant's appeal. It noted that the applicant's RTI request, dated September 1, 2023, was clear and straightforward. The court underscored that the information sought should have been readily available in digital form, as mandated by law. Justice Valmiki Menezes, presiding over the case, articulated that the failure to digitize records contravenes the core objectives of the RTI legislation.
Legal Mandate for Public Information Accessibility
Referencing Section 4(2) of the RTI Act, the court highlighted that every public authority is required to maintain all records in a cataloged and indexed manner, facilitating easy access for citizens. This subsection mandates authorities to proactively provide information to the public through various communication channels, including the internet. The court stressed that this provision aims to minimize reliance on formal RTI applications, allowing citizens to access information freely and conveniently online.
Justice Menezes remarked, "This provision specifies the object of the legislation, i.e., to ensure that the public has minimum resort to the RTI Act, and the public can access information without having to pay for the same through the medium of the internet. Obviously, there is a failure on the part of the ISLR, Pernem, which is the public authority that is required to maintain all its information in digitised form and accessible to the public over the internet."
Implications for Public Authorities and Citizens
This ruling sets a precedent for other public authorities across India, reinforcing the importance of digitizing records to enhance transparency and accountability. It serves as a reminder that non-compliance with RTI Act provisions can lead to judicial intervention and directives for corrective action. For citizens, this decision empowers them to demand better access to information, aligning with the democratic principles of openness and governance.
The court's order not only addresses the immediate issue in Pernem but also calls for a broader adherence to digital record-keeping standards nationwide. As public authorities strive to meet these legal obligations, citizens can expect improved access to vital information, reducing bureaucratic hurdles and fostering a more informed society.
