A city-based RTI activist’s efforts to seek details such as recommendations or letters in connection with the Telangana government’s decision to accord 12% reservation to Muslims in education and employment were stonewalled.
‘Incomplete decision’
Interestingly, on the one hand, the Government stated that while the decision was taken, on the other it described this decision as ‘incomplete’ and used this as grounds to decline information.
The activist, S.Q. Masood, told The Hindu that while the 12% reservation for Muslims was a commendable effort, to keep details away from the public was not justified.
“I sought the information to study the arguments or comments used to make a case for the reservations. Since the reservations could have affected a large number of people, it is incorrect to not put the correspondences between the State and Centre and policy details in the public domain,” Mr Masood said.
The RTI query was first sent to the Office of the Chief Secretary. The General Administration Department forwarded it to the Minorities Welfare Department, which in turn sent it to the Backward Classes Welfare Department (BCWD).
The department then invoked Section 8 (1) (i) of the Right to Information Act and refused to provide information.
Delhi HC order
In his first appeal, Mr Masood relied on a Delhi High Court order which stated that once deliberations were over and decisions were taken, the information was no longer exempt from disclosure. It also observed that the applicability of the clause was ‘confined to the period when cabinet papers are under consideration and not thereafter’.
The activist also cited an order of former Information Commissioner of Andhra Pradesh State Information Commission S Imtiyaz Ahmed who stated: ‘The commission is of the view nothing is left secret, even Official Secrets Act has been brought under the purview of the RTI, unless there is a specific restriction in the Act. Whatever information held up by any public authority is liable to be disclosed to the citizens’.
“Despite providing the BCWD with relevant orders, it was stated that the action, meaning reservations, is incomplete till the bill is passed, a gazette notification is issued, and reservations are implemented in the State,” Mr Masood said.
A second appeal at the Telangana State Information Commission has been filed and a hearing is awaited.