Government refuses to provide information on pre-election Cabinet decisions

Thiruvananthapuram: Kerala government is refusing to provide information on several hundred decisions taken by the Cabinet prior to the declaration of elections in the State.

Several of these decisions, which had been leaked out, have become controversial and the KPCC president V. M. Sudheeran himself had to demand their withdrawal.

Some of these decisions had since been withdrawn while the details of other decisions are kept confidential.

The Human Rights Defence Forum, Kochi, had sought information under RTI Act on the Cabinet decisions including minutes and agenda for the meeting from January 1 this year. Information was also sought on orders issued on the basis of the Cabinet decisions and number of decisions on which the officials concerned have refused to put their signatures and issue orders.

The State Public Information Officer of General Administration (Strictly Confidential) Department replied that information on Cabinet decisions could be provided only after the procedures had been completed by the departments concerned.  Copies of the orders would have to be obtained from the respective departments.

The Department, he said, does not keep tab on number of decisions on which the officials have not taken action. As such, no ‘information’ as defined under the Right to Information Act was available on the subject.

The Right to Information Act specifies that the Information Officer should assist the applicant in gathering the relevant information and forward applications to departments concerned. However, in this reply, the officer is asking the applicant to get orders from different departments and not giving him any indication about the decisions taken or departments concerned. He also claims that the Department does not keep count of unimplemented decisions when the Secretariat manual specify that action should be taken on Cabinet decisions within 48 hours.

The Human Rights Defence Forum has approached the State Information Commission with a complaint against the Officer. The Commission had directed the Department to release information on Cabinet decisions in a similar case earlier. However, this is being ignored by the Department. The Commission now takes up to three years to decide on complaints. This effectively prevents people from obtaining timely information under RTI Act, general secretary of the Forum D. B. Binu said.

In view of this, the RTI Kerala Federation has demanded that political parties and fronts should include proposals to strengthen enforcement of laws such as those on right to information and right to services in their manifestos.

In a communication to political parties, general secretary of the Federation A. Jayakumar said that all appointments of information commissioners should be done in a transparent manner subject to norms specified by the Supreme Court.

District level camp sittings and adalats should be held to clear long-pending complaints and petitions before the Information Commission. Steps should be specified for simplification of fees for obtaining information.

The political parties should also declare that they would take departmental action against officials who are punished under Right to Information Act.  Action should also be taken against officials failing to publish mandatory information under the Act.

He also called for effective steps to implement right to services in all departments. Topics such right to information and right to services should be part of department tests.