RTI rule on denial of information as vast is valid: Lucknow HC

Lucknow: The Lucknow bench of Allahabad High Court, on Tuesday, dismissed the petition filed by Activist Nutan Thakur, challenging the provision introduced by the Uttar Pradesh government of denying information as being vast.

Rule 4(2)(b)(v) of the UP RTI Rules 2015 says that information which is so vast to affect the efficient operation of the public authority can be denied, which had been challenged.

The bench of Justice Vikram Nath and Justice Daya Shankar Tripathi passed its order after hearing Nutan and Chief Standing Counsel Ramesh Chandra Pandey.

The Court said that this Rule has been inserted while putting a check and balance in providing the information.

It said that Nutan had sought information relating to the movement of the Chief Minister outside Lucknow from 1 January, 2006 till date and transfer orders of all the IPS Officers from the same date.

The Court said these requests are quite unreasonable request and having no rational basis for making such a request.

The Court said the RTI Act is meant to provide access to information to the citizen in order to promote transparency and accountability but such request t has to have a basis and a reasonable cause.

It said Rule 4(2)(b)(v) places checks and balances and cannot be said to be ultra vires because the provisions of RTI Act cannot be misused or abused.