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 
 
No comments:
Post a Comment