Saturday, September 29, 2018

Complaint filed in OIC seeking direction for disclosure of inquiry report of Brahma bibhrat under RTI Act


 Complaint  filed  in Odisha Information Commission seeking order  to  Authority of Sri Jagannath Temple Administration for proactive disclosure of  Inquiry report  in website under  section 4 (1)(b) of the RTI Act


Dear  friends
Today ( 28.9.18, having been  greatly disturbed over the public statement of Chief Administrator of Puri Jagannath Temple administration that “The Temple administration will not reveal the probe findings to the people under RTI. Though the state –run temple’s functioning comes under the purview of RTI Act, we will deny information to the people on Brahma Paribartan fiasco”, I filed  complaint in Odisha Information Commission  seeking early  hearing of the  case  and issue  direction  to Chief Administrator  for making  voluntary  disclosure of inquiry report  in the website  of  Sri Jagannath Temple Administration.

While disallowing  disclosure of inquiry report under RTI,  Sri Pradeep Mohapatra   has  cited reason  of non-disclosure of information  that  the report contains some sensitive  information. The RTI Act  does  not provide any authority to absolutely  deny information on the ground of sensitive  information. Section 10 of the RTI Act says “ where a request  for access to information is rejected  on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding  anything contained in this act, access may be provided to that part of the record  which does not  contain  any information  which is exempt from  disclosure under RTI Act  and which can reasonably be severed  from any part that contains exempted  information.” The said information can be disclosed parting the sensitive information, if it is sensitive. Otherwise complete report should be shared  in the public domain under section 4 (1)(b) of the RTI Act.

It deserves  to be mentioned here that In 2015, during Nabakalebara of Lord Jagannath,  when Brahma bibhrat ( disturbance in change of soul of  deities of Jagannath Temple) was reported in mass media,  there  was hue and cry  among  the  people across the  state.  The people from all walks of life demanded inquiry and quick action against the servitors who created ruckus during performance of Brahma parivartan (creation of new idols of deities  by replacing old one). In view of public resentment, the State Government ordered for inquiry  into it. Sri Suresh Mohapatra, then Chief Administrator of Puri Jagannath Temple   conducted inquiry into the circumstances and reasons leading to disruption in Bhrahma parivartan  and produced  the report to State  Govt.  On 27.9.18.,  the report  was tabled  in the meeting of Management committee of Lord Jagannath temple. As  this is a public issue and sentiment of the people of Odisha is involved, this report must be disclosed in  the greater interest of the public. The people of Odisha who had demanded for inquiry into Brhma Bibhrat ,   have right to know content of the report. This report must be disclosed in the greater interest of public under RTI Act.

RTI Act does not provide absolute power   to any public  authority to outrightly deny providing information under RTI Act.  Disclosure of information can be denied on the  ground of  section 8 and 9 of the RTI Act. Even the information which comes under exempted category       in the greater interest of the public. The Act further says “ the information which can not be denied to the parliament or a State Legislature shall not be denied to any person”.

  The preamble of the RTI Act  says  “ to provide  for setting out the practical regime of right to information for citizens to secure access to information under control of public authorities, in order to promote transparency  and accountability  in the working of  every public authority. Democracy requires an informed citizenry  and transparency  of information which are vital to its  functioning and also to contain corruption and to gold Governments and their instrumentalities  accountable to the governed.” So disclosure of information is highly required in order to bring transparency in the functioning of administration of the Lord Jagannath temple. It will also  remove confusion  among  the people about Brahma Bibhrat ( disruption during  transfer of soul of deity)  and restore public faith on the functioning of the administration.

  I have made prayer to Commission  ( a)  to direct  the Temple authority to reply  within 3 days  why  the inquiry report  into Brahma Bibhrat  will  not be shared  in public domain under  section 4 (1)(b)(d) of the RTI Act.  (b) the Chief Administrator, Puri Jagannath  Temple may be directed  to produce the report within 3 days to examine whether the report is sensitive and does not have public interest. (c) Chief Administrator must be warned   not to give such type of statement in public domain  that the information can not be disclosed  under RTI Act .

Pradip Pradhan
M-9937843482
Date-28.9.18


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