Detail of municipal laws enacted on the basis of international treaties & conventions ratified by GoI were sought - PIO: Such details are not held exclusively by any public authority and the statutory enactments are in public domain - CIC: Order upheld
18 Jun, 2018CIC/MHOME/A/2017/133556
Information sought and background of the case:
Vide RTI application dated 20.11.2016, the appellant sought List of All Bills, or proposed amendments to Acts referred to NHRC, list of such reports of Standing Committee or Parliamentary Committees referred to NHRC, Policy recommendations etc. under 7 points. CPIO/Ministry of Law & Justice transferred the RTI application on 27th January, 2017 to MHA. Deputy Secretary (HR) & CPIO vide letter dated 6th March, 2018 informed the Commission through the following submission:
“In this above context, it is submitted that RTI application dated 20.11.2016 was received in the office undersigned CPIO on 08.12.2016 through online RTI Registration No. MHOME/R/2016. While examining his RTI request, it was noted that applicant is seeking list of all Bills/Reports on various human rights issues’ which was a misuse of RTI Act in the light of Hon’ble Supreme Court of India’s judgement in Civil Appeal No. 6454/2011 ‘CBSE Vs Aditya Bandopadhyay (para 37) and CIC’s judgement in the case of S.K.Lal Vs. Ministry of Railways in appeal No. CIC/OK/A/2016/00268-272 dated 29.12.2006. Accordingly, a letter was sent to the appellant.”
CIC/MHOME/A/2017/154208
Information sought and background of the case:
Vide RTI application dated 14.12.2106, the appellant sought information on recommendations made by Govt of Maharashtra in respect of amending SC/ST(POA) Act 1989 and Rules 1995 and related information. PIO vide letter dated 03.02.2017 informed the appellant that the subject of RTI queries is not the mandate of the answering CPIO. Therefore, information may be treated as NIL. However, the subject of RTI queries is closely related to functioning of Ministry of Social Justice and Empowerment.. A copy of the RTI has been transferred to Ministry of Social Justice and Environment to provide information directly to the appellant. However, the appellant chose not to array the transferee ministry as party before the Commission.
Relevant facts emerging during hearing:
Both are present and heard. The appellant seeks detail of municipal laws enacted/ amendments of acts done, both central & state on the basis of international treaties & conventions ratified by Govt. of India. Per contra, the PIO states that such details are not held exclusively by any public authority and the statutory enactments are already in public domain.
Decision:
After hearing the parties and perusal of record, the Commission finds that the queries of appellant have been addressed adequately. The PIO cannot be expected to categorize statutory enactments on the basis of requirements of appellant on a given parameter.
The appeals are disposed of.
(Yashovardhan Azad)
Information Commissioner
Citation: Govardhan G. Bhasme v. MHA in F. No.CIC/MHOME/A/2017/133556 CIC/MHOME/A/2017/154208, Date of Decision: 27.03.2018