Friends,
I attach a copy of the letter
written(in Hindi) by me to the Principal Secretary, Uttar Pradesh Vidhan
Sabha which brings forth some rules made by the Uttar Pradesh Vidhan
Sabha which see to go blatantly against the basic provisions and spirit
of the RTI Act.
http://nationalrtiforum.org/Judicial%20Interventions%20by%20Forum.htm
The rules are called the Uttar Pradesh Vidhan Sabha
Sachivalaya Right to Information (Regulation of Fee and Cost) Rules,2007
passed through Government Order No 1883/Vi. Sa./02(Adhi) 2006.
One of these rules, Rule 4 (6), says that no information shall be
given under the RTI Act if the contents of the letter are against the
dignity and respect of the Uttar Pradesh Vidhan Sabha. Then, Rule 4(7)
goes a step further and says that the information will not be given if
it seems that the Intentions of the information seeker are not good/
proper.
Thus the UP Vidhan Sabha has brought two issues which have no
reference and provisions in the RTI Act 2005 under whose provisions
these Rules have been framed by the Chairman of the Uttar Pradesh Vidhan
Sabha. While no one can deny the fact that the dignity and respect of
the Vidhan Sabha are paramount in nature and no one shall be allowed to
have any ill-intent towards the Vidhan Sabha yet the act of seeking
information under the RTI Act and the conduct of demeaning the respect
of the Vidhan Sabha are two entirely different things. The Vidhan Sabha
has enough provisions under the Constitution and subsequent Rules framed
in this regards to punish anyone who shows disrespect to the Vidhan
Sabha, yet to club it with the RTI Act does not seem to make sense. Even
more, in Rule 4(7) even an apprehension of ill-intent seems to be
sufficient to deny information.
Coming to the Fees imposed by the UP Vidhan Sabha for supply of
information, we find it surprising that under Rules 5, 6 and 7 the fees
are fixed at Rs. 500 along with an application and Rs. 15 per page.
These fees do not seem to be reasonable as is expected under section
7(5) of the RTI Act.
In the above mentioned letter, I have conveyed these facts to the
Principal Secretary of the UP Vidhan Sabha and have also said that if
suitable remedies are not allowed, I should move for other suitable
remedies.
I present these facts for your perusal and comments
Dr Nutan Thakur
National RTI Forum
Lucknow
# 94155-34525
