Information regarding Lokpal Bill and Baba Ramdev under RTI

Background        

The appellant filed an application under RTI with the Prime Minister's office seeking a variety of information relating to the Lokpal Bill and the related papers, the imposition of Section 144, details of ministers who visited Baba Ramdev etc. The Public Information Officer (PIO) of the PMO transferred his queries to various other public authorities like Delhi Police, DoPT and the CBDT. The Public Information Officer (PIO) of those public authorities responded to the appellant and provided some information. The PIO of the DoPT asked the appellant to deposit the photocopying charges for the copy of Lokpal Bill and the related papers. During the hearing, the appellant submitted that he had not received the complete information and that the information should be provided free of charge as the mandated period of 30 days was over.

View of CIC

The Central Information Commission (CIC) observed that most of the queries do not exactly amount to information within the meaning of section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the Right to Information (RTI) Act and appear to be seeking opinion of the PIO on his own assumption rather than seeking any information. The Commission directed the PIO in the office of the PMO to categorically inform the appellant if there was any information available on the number of ministers who visited Baba Ramdev in the Ramlila Maidan or/ and any hotel during the agitation staged by him and to provide the copy of any government notification or order or file noting authorising the visit of such ministers, if it exists. However, if there is no such record, it should be clearly mentioned that there is no record available based on which any such information can be given. The Commission also directed the PIO of the DoPT to furnish the photocopy of the said Bill and the notification free of cost to the appellant stating that the information had not been provided to him within the stipulated period.

Citation: Mr. Satya Prakash Mishra v. Prime Minister’s Office, Ministry of Home Affairs, Department of Revenue, Department of Personnel & Training, Delhi Police, Police Headquarters  in File No.CIC/SM/C/2011/001554