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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