RTI Act states applicant need not give reason: court

Source: The Hindu, April 8,2010,Special Correspondent

CHENNAI: The Madras High Court has said that the RTI Act clearly states that an applicant should not be required to give any reason for seeking information or any other personal details except those that may be necessary for contacting him.

Justice K. Chandru said this while partly allowing a writ petition by Tamil Nadu Dr.Ambedkar Law University.

Earlier, the Human Rights Legal Awareness Society, Perungudi, had sought certain information regarding the university examinations held in May 2008 and December 2007. The university rejected the plea on the ground that the petitioner had no locus standi. The information sought for by the organisation was exempted under the purview of the Act.

The organisation moved the State Information Commission, which by an order in August last year, directed the university to furnish the information. Hence, the present petition by the university.

Mr. Justice Chandru said the university seemed to be under the wrong notion that an information seeker like the applicant should establish its bonafides for seeking such information. Under Section 6 (2) of the RTI Act, such a requirement was not prescribed.

On the contrary, the provision clearly said an applicant making a request for information should not be required to give any reason for requesting the information or any other personal details, except those that may be necessary for contacting him. Therefore, the preliminary objection raised by the university did not stand to reason. Mr. Justice Chandru remanded the matter back to the Commission for passing an appropriate order in accordance with law in the light of the order on the writ petition after due notice to both parties.