Mechanism to implement the order of information commission has not been provided in the Act
Ref: A mockery of RTI and SIC Order
Comment: Herein Section 19 (7) of RTI Act comes into picture which states that the decisions of the commissions shall be binding. But mechanism to implement the order/decision/direction has not been provided in the Act itself. And there is also no rule making. There is omission in the Act itself by the lawmakers. In our country violation of law is treated as a matter of pride and the law is made without teeth. There are various examples which reflect that the commissioners lack will power in getting their order implemented/obeyed.
It is well established even by the Highest Judicial forum that the Commission is a quasi-judicial body/judicial tribunal,- a court but not in true sense. For the contempt of it the aggrieved person has right in case of non-compliance of the order/decision/direction to approach the concerned
hon'ble High Court under Article 226 and 227 of the constitution of India impleading the commission as respondent alongwith the contemnor.
Apart from that there is criminal law remedy under Section 166 of Indian Penal Code, 1860 where under none compliance of the order of the commission is a criminal act. An aggrieved person can also approach the concerned Magistrate Court in this regard for instituting the complaint case.
Name: Bindeshwar Sah