The Punjab and Haryana High Court have sent notices to the Union Government, the Central Information Commission (CIC), the Ministry of Home Affairs (MHA), and other pertinent authorities. This action follows a plea seeking directives to examine records related to the MHA’s actions against political parties allegedly implicated in foreign funding.
Justice Vikas Behl issued the notice, demanding responses from the Ministry of Home Affairs, the Union of India, the CIC, the First Appellate Authority, and the Public Information Officer under the RTI Act.
The petitioner, 72-year-old Ram Kumar from Mohali, Punjab, approached the High Court alleging the MHA’s failure to comply with a CIC order. Kumar asserts that despite a directive from the CIC, he has not been notified by the MHA to inspect the records through an authorized representative.
In 2017, Kumar lodged an RTI application seeking particulars of actions taken by the MHA against political entities receiving foreign funds. Initially, the Public Information Officer (PIO) allowed an authorized representative from Delhi to scrutinize the records. However, this access was later revoked, citing the absence of provisions in the RTI Act permitting inspections through representatives. Subsequent to an appeal, the CIC directed the MHA to facilitate Kumar’s representative in examining the records. Despite this directive, Kumar claims to have received no communication regarding the inspection schedule from either the CIC or the PIO.
Assistant Solicitor General Satya Pal Jain contended today that the RTI Act does not sanction inspections through authorized representatives, suggesting that Kumar should personally conduct the inspection.
Considering these arguments, the Court has instructed the respondents to submit their responses and scheduled the next hearing for July 10.
