KOCHI: The High Court on Tuesday came down on the state government for issuing an order preventing officials from providing any information on inter-state river disputes under the Right to Information (RTI) Act. A single bench, taking exception to the wordings of the government order, stated: "I must say that I fail to understand how the Government of Kerala could" issue such an order.
The GO which invited the wrath of the court says that "all documents/information related to interstate matters and documents/information which government feels privy and the disclosure of the same may hamper the interest of the state shall be exempted from revealing to the public even under the RTI Act".
The court questioned the legitimacy of such an order and stated it appeared to be an attempt to influence various information officers and appellate authorities under the RTI Act, by dictating that they shall not make available certain types of information, no matter what the mandate of the RTI Act is.
"This is certainly a very dangerous proposition, and it is incomprehensible how the government could arrogate to itself the power to issue such an order, knowing fully well that this is a gross affront to the provisions of the law".
The order also stated that "Right to Information Act is a well-defined hierarchy of officers, which is expected to be autonomous and resistant to any pressure from the executive".
The court then directed the information officers, appellate authorities and state information commission to act in terms of the RTI Act.
RTI activist and lawyer D.B. Binu filed the petition against the government order.
