Any information sought under RTI Act should be made public, unless...: HC
The Delhi High Court reaffirmed that the Right to Information Act mandates transparency, ruling that citizens are entitled to information unless specific exemptions apply. The court emphasized that authorities cannot question the motives of applicants seeking data, establishing that the legislation’s core purpose is to ensure public access rather than to scrutinize the intent behind requests. This decision reinforces the principle that opacity cannot be justified by administrative convenience or subjective judgments about why information is sought. In the context of the Aarogya Setu app, the court challenged the government’s claim that critical decision-making processes occurred solely through informal oral communications and video conferences without written records. By directing officials to provide affidavits detailing the existence of file notings and written correspondence, the judiciary underscored the necessity for documented accountability in digital governance. The ruling suggests that relying on "unwritten" administrative actions is insufficient and potentially obstructive to public scrutiny, thereby demanding a higher standard of record-keeping from state agencies. This case is highly relevant to open data because it clarifies the legal boundaries of transparency when dealing with emerging digital public infrastructure. It establishes that the absence of traditional paper trails does not exempt government bodies from disclosure obligations, signaling that digital transformation must not become a loophole for hiding operational details. Consequently, it encourages a shift toward proactive transparency, where the burden of proof lies on authorities to demonstrate why information should remain closed, rather than on citizens to justify their curiosity.
Source: rediff.comPublished on 2023-09-16