Information regarding the status of a bill (Kerala Plaachimada Victims Relied Fund & Compensation Claims Special Tribunal Bill) pending for President’s assent was sought - CIC: It is not exempt u/s 8(1) of the RTI Act as a MLA can seek the information

Information regarding the status of the Kerala Plaachimada Victims Relied Fund and Compensation Claims Special Tribunal Bill, 2011, pending for the assent of the President of India was sought. CIC: Information is not exempt u/s 8(1) of the RTI Act because a MLA is entitled to obtain the information. The citizen of the country is also entitled to know this information. There is huge public interest involved as thousands of the affected people are deprived of the relief because of the pendency of the bill. The Commission directed the Public Authority to provide the information sought by the appellant within 30 days

Information sought:

1. Appellant through his RTI application had sought for information in relation to Status of Kerala Plaachimada Victims Relied Fund and Compensation Claims Special Tribunal Bill 2011 in relation to which the Commission in case no CIC/SM/A/2013/0000528 vide order dated 13.08.2013 had directed the PIO to provide the details of the status of the bill from the point of view of the Ministry ordering that they must write to the appellant within 10 days of receiving the CIC Order and inform him the sequence of the correspondence between MHA and the Ministry on the bill and if the matter is still pending at their end. In relation to which the appellant sought for copies of the available correspondence at Sl No. 7, 9, 10 & 11.

PIO response:

2. PIO Claimed exemption U/S 8 (1)(e) for denying the information sought for by the appellant.

Ground for First Appeal:

3. Nonfurnishing of the information sought by the appellant.

First Appellate Authority Order:

4. FAA stated that the CPIO had provided the entire information as per the direction of the CIC. Further the bill which has been sent by the state government of Kerala for the assent of the president is still pending with the MHA and as such the PIO was fully justified in rejecting the appeal under Sec 8 (1)(i) of the RTI Act.

Ground For Second Appeal :

5. Non-furnishing of the information sought by the appellant.

Proceedings Before the Commission:

6. The appellant is not present for video conference from Pallakkad. The respondent authority made their submissions. The Appellant is seeking information in relation to the present status of the Kerala Plaachimada Victims Relied Fund and Compensation Claims Special Tribunal Bill, 2011, which is pending for the assent of the President of India. In this regard, the Commission in its order No. CIC/SM/A/2013/0000528 dated 13.08.2013 had directed the CPIO to provide the details of the status of the bill from the point of view of the respondent Ministry and provide correspondence between MHA and the respondent Ministry on the said bill and if the matter. The Commission does not accept the respondent ministry’s contention that the said information is exempted under Section 8(1) of the RTI Act, as the said information is not confidential under any stretch of imagination, because if such a question is raised by the Member of the Legislature, it has to be provided. The citizen of the country is also entitled to know this information. There is huge public interest involved as thousands of the affected people are deprived of the relief because of the pendency of the bill. It is unfortunate that there has been no response from the Public Authority. The Commission, therefore, directs the Public Authority to provide the information sought by the appellant within 30 days from the date of receipt of this order. The appeal is disposed of.

(M.Sridhar Acharyulu)

Information Commissioner

Citation: E Krishnadas v. Govt. of India, Ministry of Environment & Forests in Case No. CIC/SA/A/2014/000682