The Karnataka High Court ruled that Public Information Officers lack the legal authority to appeal orders issued by Appellate Authorities under the Right to Information Act. The judgment clarifies that the power to challenge such decisions belongs exclusively to the citizens who requested the information, not the government officials tasked with providing it. By dismissing the petition filed by a Doordarshan officer, the court emphasized that officers cannot act in an adversarial capacity against applicants or withhold information based on personal interpretations of the request's motive. This decision reinforces the fundamental principle that the RTI Act is designed to empower citizens, placing the burden of disclosure on the state rather than the requester. The court noted that requiring individuals to justify why they seek information would undermine the Act’s purpose and effectively grant officers judicial powers they do not possess. Consequently, any attempt by officials to defy disclosure orders through appeals is viewed as an improper effort to deny transparency rather than a legitimate legal recourse. This ruling is highly relevant to open data advocates as it sets a critical precedent for accountability within public institutions. It confirms that transparency mechanisms cannot be obstructed by bureaucratic resistance or subjective judgment from information officers. By restricting officers to their defined statutory roles, the judgment protects the integrity of the open data ecosystem, ensuring that citizens can access public records without fear of unwarranted delays or arbitrary denial based on official discretion.
Source: livelaw.inPublished on 2023-05-02