The Delhi High Court has highlighted a growing crisis where the misuse of the Right to Information Act is causing paralysis and fear among government officials. While the Act was designed to ensure transparency and accountability, the court notes that its frequent abuse dilutes its importance and hinders effective governance. This judicial observation underscores the tension between citizen rights and administrative efficiency, emphasizing that the spirit of the law is being undermined by repetitive and frivolous applications. In a specific case involving a petitioner repeatedly seeking information about a doctor despite prior judicial finality, the court ruled that the Central Information Commission lacked the authority to ban future queries on the same subject. The judgment clarifies that while authorities are not required to re-provide information already furnished, the fundamental right to seek new or additional information cannot be extinguished. Consequently, the court set aside the commission’s order restricting the petitioner, affirming that the statute does not permit dismissing applications based on repetition alone or imposing costs. This ruling is highly relevant to open data advocacy as it defines the legal boundaries of information access. It reinforces that the right to information is enduring and cannot be curtailed simply due to a user’s persistence, even when their actions border on harassment. For open data ecosystems, this clarifies that while repetitive requests for static information may be rejected, the broader principle of accessibility remains protected. This balance ensures that transparency mechanisms remain robust and inclusive, preventing administrative entities from shutting down channels of inquiry under the guise of preventing misuse.
Source: livelaw.inPublished on 2023-12-21