To,
Ratnakar Giakwad,
State Chief information Commissioner
State Information commission
Mumbai
Dear Sir,
You have issued an order to all public authorities on
26/9/2013 ( mu ma aa/vaastu/imarat/nakashe/2013 . Exact English translation of
that order is like this
Order
While dealing with the appeals and complaints received under RTI act , It
has been observed that, some public authorities provide information related
to building plans and interior of the
buildings while dealing with the application received under RTI regarding
public, semi-public offices , hotels , gymnasiums, hospitals, malls, IT
buildings , structures of commercial buildings .
As per section 19 (8) ( a ) and section 25 (5) , it is being
ordered that , all public authorities , If asked plans / documents of such
structures/ buildings, considering security reason such information should not
be provided, similarly if asked plans related to private buildings/structures ,
unless public interest is involved in
it, such plans ( interiors ) etc. should not be provided. These orders are
being given to all municipal corporations / municipalities.
Principal secretory, urban development department (1) (2) to
inform above orders to all municipal corporations, municipalities as well as
special planning authorities
Now I want to bring some points to your notice
1) As far as RTI act
is concerned giving information must be rule and denying must be the exception.
2) It is clear from
your order that you have asked not give any information related to any public
semi public building/structure.
3) Actually
information related to all buildings including public – semi public buildings
is covered under section 4 (1) (b) (xiii)(
particulars of recipients of concessions, permits or authorizations
granted by it; ) and 4 (1) (b) (xi) (the budget allocated to each of its
agency, indicating the particulars of all plans, proposed expenditures and
reports on disbursements made;)
4) There was no
request or demand from any security agency then I don’t understand what
prompted you to issue such orders,
5) As per Section 19
(8) (a) information commissioner surely has authority to require the public
authority to take any such steps as may be necessary to secure compliance with
the provisions of this Act, but that authority has to be used while hearing
second appeal under section 19 .You can not use such authority to order blanket
ban on any information
6) As per section 25
(5) information commissions can recommend certain things to public authority (
not authorities) he can not order
blanket ban on providing information ( If it appears to the Information
Commission that the practice of a public authority in relation to the exercise
of its functions under this Act does not conform with the provisions or spirit
of this Act, it may give to the authority a recommendation specifying the steps
which ought in its opinion to be taken for promoting such conformity.)
7) It is commendable
that you have expressed concern about security of public places. However it is
highly impossible that terrorist will demand plans of buildings under RTI act
then decide their course of action. Why they will take such a long rout when
the public places are open to all, all the time.
8) At one place you
have in to bracket used word interior, that means information related to
interior of the building also should not be provide. here I want to bring to
your notice that even home department also doesn’t think like that. They even
allow shooting of films in interior and exterior part of the jails that attract
most dangerous security threats. Recently home department has hiked fee for
such shootings in and around jails.
I now humbly request you to, taking into consideration all
above points please withdraw your orders immediately.
