the goan I network
MAPUSA
In a significant order which could have far reaching consequences, the High Court of Bombay at Goa has directed the Candolim panchayat to create a website and make all information available online as per the provisions of Section 4 of the RTI Act.
The HC order could have a ripple effect and compel all government departments to upload and make a host of information available online for the benefit of the aam aadmi.
Section 4 of the RTI Act categorically states that a public authority has to take steps to provide as much information suo motu to the public through various means of communication so that public will have to make minimum use of RTI Act to obtain information.
The High Court in its order has directed the panchayat to create a website and host all information online within six months and to file a compliance report by April 15, 2020.
In a detailed order the HC has directed the panchayat to fulfill all its obligations in terms of Section 4 (1) (b) of the RTI Act within a period of six months.
Section 4 (1) (b) of the RTI Act requires every public authority to publish all information within 120 days from the enactment of the RTI Act.
Interestingly, the RTI Act came into force in 2005 and despite the digital push by the government most government departments have failed to display the mandatory information online.
As a result getting even mandatory information through RTI had become an arduous task for the common man.
The HC said that the panchayat under Section 4 (1) (c) of the RTI Act has to publish all relevant facts while formulating important policies or announcing the decisions which affect public.
The court order further said that the panchayat will have to provide reasons for its administrative or quasi-judicial decisions to affected persons as per Section 4 (1) (d) of the RTI Act.
“We are reminding the panchayat that as per Section 4 (2) of the RTI Act it should be a constant endeavour of every public authority to take steps
to provide as much information suo moto to the public through various means of communications, including internet, so that the public have minimum resort to the use of the RTI Act to obtain information,” the order read.
The HC also said that as per Sec 4(3) of the RTI Act information shall be disseminated widely and in such form and manner which is easily accessible to the public and accordingly directed the panchayat to publish the information on its website within six months.
The HC order was a result of a petition filed by Roshan Mathias, an activist and a resident of Candolim seeking a writ of mandamus against Candolim panchayat for failing to comply with the mandate of Section 4 of the RTI Act, 2005 a transparency law which was passed 14 years ago.
“This is a revolutionary order which will have a repercussion throughout the state for other panchayats to follow, including other government departments,” said Carlos Ferreira, counsel for the petitioner who was also a former advocate general.
