Source: .newindianexpress.com<\/p>\n\n\n\n
CUTTACK: Laying to rest a nearly 12-year-old controversy over the purview of Right to Information for getting information on custodial deaths, the Orissa High Court has directed the State Government to provide such information if sought under the Act.<\/p>\n\n\n\n
The single judge bench of Justice Biswanath Rath issued the direction while dismissing a petition filed on Monday by State Government challenging an order issued by the State Information Commission to provide information under RTI.<\/p>\n\n\n\n
The controversy had surfaced when State authorities rejected an application seeking information on custodial deaths in police stations and prisons between January 1, 1989 and December 31, 2006.<\/p>\n\n\n\n
Bhubaneswar-based RTI activist Biswapriya Kanungo filed the application seeking details on custodial deaths in police stations and prisons along with details on nature of inquiries (administrative or judicial) conducted on them, the findings and action is taken.<\/p>\n\n\n\n
The application was rejected through a communication from the office of Additional DG Police (Human Rights Protection Cell) on May 14, 2007 citing that the information did not come under purview of RTI Act.<\/p>\n\n\n\n
However, the State Chief Information Commissioner directed the State authorities to provide the information when Kanungo filed a complaint before the Commission. The Commission\u2019s order issued on July 10, 2007 was challenged by the State Government in the High Court.<\/p>\n\n\n\n
Justice Rath dismissed the Government\u2019s plea on July 1 on grounds of merit and directed the State authorities to comply with the State Information Commission\u2019s order within three weeks from the date of receipt of a copy of the order from the Advocate General Office.<\/p>\n\n\n\n
\u201cOdisha should behave as a model State. In the age of hue and cry for maintenance of transparency, claim of State not only appears to be against the spirit of enactment of the Right to Information Act, 2005 but also an attempt to scuttle (sic) the throat of authorities created under Act, 2005. In the process, this Court finds the claim of State through the writ petition is unwarranted,\u201d Justice Rath said while dismissing the Government\u2019s plea. <\/p>\n\n\n\n
\u201cThe State Commission passed the impugned order strictly in terms of Section 24 of the Right to Information Act requiring no interference in the same,\u201d Justice Rath ruled.<\/p>\n