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Right To Information Is Implicit And Inbuilt In Article 19(1)(a) Of Constitution: Bombay HC [Read Order]

Nitish Kashyap
10 Dec 2019 9:29 AM GMT
Right To Information Is Implicit And Inbuilt In Article 19(1)(a) Of  Constitution: Bombay HC [Read Order]
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While hearing a PIL filed by Public Concern for Governance Trust seeking effective enforcement and implementation of the Right to Information Act, 2005, the division bench of Justice SC Dharmadhikari and Justice RI Chagla of the Bombay High Court last week said-

"From time to time certain orders were passed in this PIL to ensure that this enactment does not become a dead letter.

The enactment is in larger public interest. It is not as if the right to information is a right derived by the citizens from the RTI Act, 2005. Be it known to everybody that right to information is implicit and inbuilt in the right and freedom guaranteed to a citizen under Article 19(1)(a) of the Constitution of India. The right to free speech and expression includes within it the right to obtain information. That is how this constitutionally recognised and permitted right is made meaningful and its enforcement is now serving a larger public purpose. It is only the enforcement machinery which is created by the RTI Act, 2005."

State government informed the bench that the Recruitment Rules of 2018 framed after directions from the Supreme Court are being followed for filling up vacant posts. In an affidavit, state assured the bench that merely because there are vacancies, the State Government or the machinery will not deny information to the members of the public.

As per state's affidavit, out of the sanctioned 138 posts, 124 have been filled in and 14 are vacant.

Advocate Jamshed Mistry appeared on behalf of the petitioner and AGP BV Samant for the State. After Samant old the Court that the remaining vacancies will also be filled as per Recruitment Rules, Coiurt said-

"We hope and trust that by that time further progress will be made."

Click here to download the Order

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