SWATI RAJIV GOSWAMI Versus COMMISSIONER OF POLICE, AHMEDABAD

 THE HIGH COURT OF GUJARAT AT AHMEDABAD

In R/SPECIAL CIVIL APPLICATION NO. 11826 of 2020, 

SWATI RAJIV GOSWAMI 

Versus

COMMISSIONER OF POLICE, AHMEDABAD, the 

HONOURABLE MR. JUSTICE BIREN VAISHNAV

held as 

These provisions have to be seen in light of certain provisions of the Right to Information Act, 2005. Reading the preamble of the Right to Information Act, indicates that the Constitution of India has established a democratic republic. Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold governments and their instrumentalities accountable to the governed. There has to be a harmonization of conflicting interest while preserving the paramouncy of the democaratic ideal, in asmuch as, when revelation of information in actual practice is likely to conflict with other public interest including efficient operations of the government optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information certain information sought for by the citizen who desire to have it must be provided. In this context, it would be relevant to consider the definition of the term “information” as defined in sec.2(f) of the Act. Sec.2(f) of the Act, reads as under:

“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;”

6.3 Accordingly, information means any material in any form, including records, documents, opinions, advises etc., which can be accessed by a public authority. It is not disputed that the respondent No.1 is a public authority. Sec.4 of the Act provides for obligation of pubic authorities. Sec.4 of the Act reads as under:

“4. Obligations of public authorities.—

(1) Every public authority shall—

(a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;

(b) publish within one hundred and twenty days

from the enactment of this Act,—

(i) the particulars of its organisation, functions and duties;

(ii) the powers and duties of its officers and employees;

(iii) the procedure followed in the decision making process, including channels of

supervision and accountability;

(iv) the norms set by it for the discharge of its functions;

(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

(vi) a statement of the categories of documents that are held by it or under its control;

(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;

(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;

(ix) a directory of its officers and employees;

(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;

(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;

(xiii) particulars of recipients of concessions, permits or authorisations granted by it;

(xiv) details in respect of the information, available to or held by it, reduced in an electronic form;

(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

(xvi) the names, designations and other particulars of the Public Information Officers;

(xvii) such other information as may be prescribed, and thereafter update these publications every year;

(c) publish all relevant facts while formulating important policies or announcing the decisions which affect public;

(d) provide reasons for its administrative or quasi judicial decisions to affected persons.

(2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.

(3) For the purpose of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.

(4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. Explanation.—

For the purposes of sub-sections (3) and (4), “disseminated” means making known or

communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.”

6.4 Reading of the section indicates that it provides that 17 kinds of information, including the procedure followed in the decision making process, the norms set by it for discharge of its functions and the rules and regulations held by it or under its control in discharging its functions are required to be provided by the authorities. Reading sub-section 2 indicates that it shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub section 1 to provide as much information suo moto to the public at regular intervals through various means of communications so that the public have minimum resort to the use of this Act to obtain information.

.....

The respondent cannot refuse to produce such rules or orders inasmuch as, what is evident from the mandate of the Act read in context of the objectives of the Act is to promote free flow of information. What is rightly submitted by the learned counsel for the petitioner while quoting Lon L Fuller that “there can be no greater legal monstrosity than a secret statute”. What is also pointed out as pleaded in the petition is a quotation of James Madison who stated ”A  popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both. Knowledge will forever govern the ignorance and a people who mean to be their own Governors must arm themselves with the power which knowledge gives”. It is therefore incumbent that the rules and orders framed under Sec.33 of the Police Act which are held or under the control of the employees for discharging its functions must be published on the website and made available and accessible to the public.