'Reasons For Delay In Deciding A Case' Is Not 'Information' Under RTI Act: Bombay High Court

The Bombay High Court recently ruled that the "reasons for delay" in administrative decisions do not constitute "information" as defined under the Right to Information Act. By interpreting the statutory definition strictly, the bench determined that subjective explanations or justifications for procedural lags fall outside the scope of disclosable records. Consequently, citizens cannot utilize RTI applications to demand the rationale behind delays in case handling or decision-making processes. This judgment effectively nullifies penalties imposed by the Central Information Commission for failing to provide such explanatory reasons. The court emphasized that reasons are often subjective and prone to interpretation, making them unsuitable as objective data under the Act. Instead, individuals seeking insights into delays are advised to access official logs, such as the Roznama, which provide factual records of proceedings rather than subjective justifications. This ruling is significant for open data advocates as it clarifies the boundaries between objective data records and subjective administrative reasoning. It highlights the importance of precise legal definitions in data accessibility laws, ensuring that RTI remains focused on tangible records and documents. The decision reinforces that while transparency is crucial, the law does not mandate the disclosure of internal, potentially subjective justifications for administrative inefficiencies.

Source: livelaw.in
Published on 2024-10-18

Open Data

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