LI Network
Published on: December 21, 2023 at 16:36 IST
The Delhi High Court voiced apprehensions about the escalating misuse of the Right to Information (RTI) Act, expressing concern that such misuse could dilute the significance of the Act and instill hesitation among government servants in carrying out their duties.
The observation came from a Single Judge Bench presided over by Justice Subramonium Prasad while addressing a Writ Petition challenging an order from the Central Information Commission.
The petition, challenging the rejection of the petitioner’s appeal and a directive preventing the registry from entertaining further cases on the same subject, was brought by an individual who had filed 15 RTI applications seeking information related to the alleged medical negligence leading to the death of his younger brother.
The High Court acknowledged the laudable objective of the RTI Act in bringing transparency to government functioning but expressed concern over its increasing abuse.
The Court emphasized that the misuse of the RTI Act could not only dilute its importance but also create fear among government officials, hindering their activities.
The Court highlighted the petitioner’s repeated filing of applications to ascertain details already addressed by previous Court orders, suggesting an abuse of the Right to Information.
Additionally, the Court deliberated on the Central Information Commission’s authority to prohibit the petitioner from making further inquiries under the RTI Act.
The Court clarified that the RTI Act aims to provide effective access to information for citizens, and seeking further information should not extinguish the right of the individual.
The High Court advised against abusing the legal process by repeatedly seeking the same information, which could undermine the Act’s objectives.
Case Title: Shishir Chand V. The Central Information Commission & Anr