Regional Seminar on RTI jointly organized by MEDIACT, MICCI &FES-INDIA on 30-31 March, 2008, Hotel Horizon, Thiruvananthapuram Presentation by the Secretary, RIPF
31-3-2008
The Information Commissions are the custodian of RTI Act. People appeal to the Commission against the difficulty in getting access to the official information and the Commission is the powerful tool to break the iron curtain of the official non-cooperation. An informed citizen is a better judge of the leadership. So the Commission has to maintain transparency and accountability in its decisions on the complaints and appeals. But we can see that in the past 27 months functioning of Kerala State Information Commission (KSIC), lacking transparency and accountability in its decisions.
Section 4 of the RTI Act,2005 makes it obligatory for pro-active disclosure of the particulars of 1) Commission’s organization, functions and duties 2) the procedure followed in the decision making process, including channels of supervision and accountability, and 3) the norms set by it for the discharge of its functions. The Central Information Commission and all the other State Information Commissions have such rules of procedure. They have published such pro-active information envisaged under sec. 4 of RTI Act and have posted on their websites.
RTI application by RIPF Jerks the State Information Commission (SIC)
In the three issues of the Kerala Information Commission’s Quarterly Journal “Kerala Information Reporter” it can be seen that in all the orders included in the reporter the authenticity of such decisions are not given. The details of appellants/complainants and the respondents are given but at what levels and by which Information Commissioner(s), have taken such decisions are not given.
In KSIC, an appeal or a complaint or categories of appeals and complaints are being heard and decided by its promoters, a Single information Commissioner or a Division Bench of two Information Commissioners or a Full Bench of four Information Commissioners. So the people who read the “Kerala Information Reporter” must know the details about the promoter(s) of each and every decision and thereby the KSIC must maintain the possibility of transparency and accountability, obtained through Right to Information by the citizens.
So the KSIC, which is to hear appeals and to administer the RTI Act, is lacking transparency and accountability in its functioning and the facts obtained from the Commission’s file under RTI applications are bewildering and reveals how they have throttled the transparency Act.
To an RTI application of RIPF about the “Rules of Procedure” in KSIC’s decision making and work distribution among the Information Commissioners of KSIC, the Commission by its letter Nos. 7554/SIC-PIO/2007 dated 20-11-2007 and 28-12-2007 has informed that ‘the KSIC hasn’t have such rules of procedures and have not issued any orders on work distribution among the Information Commissioners’
But such decisions available with the web site: ‘www.infokerala.org.in’ of the Commission, reveals that there are such rules of procedure and work distribution. So the Commission is lying and has given false and misleading information to RIPF.
The following judgments disseminated in the Commission’s website ‘www.infokeral.org.in’ reveals that the KSIC has its own Rules of Procedure and work distribution:
Decisions of KSIC
Date Title
20-04-2007 Decision in AP number 57/2007/SIC filed by Shri. Sijo Abraham
20-04-2007 Decision in CP no: 130/2007/SIC filed by Smt. V.Santhanavally
20-04-2007 Decision in AP no: 161/2006/SIC filed by K.P. Vijayakumari
20-04-2007 Decision in AP number 74/2006/SIC filed by Shri.B.V.Kakkillaya
The first one (appeal No. 57/2007/SIC) was heard and decided by the Division Bench of the Commission consisting of S/Sri. Palat Mohandas (CIC) and V.V. Giri (IC). The second one (appeal No. 130/2007/SIC) by the single bench Sri. P.N. Vijayakumar (IC). The third one (161/2006/SIC) by the Full Bench consisting of CIC and 3 ICs. The fourth one (appeal No.74/2006/SIC) by Division Bench consisting of S/Sri. Palat Mohandas (CIC) and Sri. P.N. Vijayakumar (IC)
This web site of KSIC is not available now in the site. Instead a new web site ‘www.keralasic.gov.in’ has been opened. In this new web site also they have not included the pro-active disclosure about the procedure followed in the decision making process by the Information Commissioners and its transparency and accountability as envisaged under sec.4 of the RTI Act. The important decisions taken by the Commission are also not posted in the site.
The KSIC is not supposed to change the fundamentals of RTI Act. But KSIC has illegally jacked up its enquiry proceedings to fatten the bureaucracy. Such kind of collusion will do incalculable harm to citizenry rights. There is enough evidence and materials on record which justifies an enquiry by His Excellency the Governor of Kerala, under section 17 of RTI Act, about the 27 months’ functioning of the Kerala State Information Commission.
N. Rajendran
Secretary (RIPF)