Locus And RTI: To Be, Or Not To Be?

Recently Chief Justice S. A. Bobde had criticised how the concept of locus standi being conspicuous only by its absence in the RTI law and how the Act had come to be a tool for "blackmail and extortion", with "all sorts of people filing all kinds of applications". On a perusal of Section 6 of the Act, the court saw "no trace of the principle of Locus Standi for any person seeking information under the Act". Reading it with Section 3 of the Act which is headed "Right to Information" and provides that subject to the provisions of this Act, all citizens shall have the right to information, and section 8, which stipulates the "Exemption from disclosure of information", the High Court decided that "It is evident on a perusal of the aims and objects of the Act and the preamble that the Act seeks to promote transparency of functioning in the public domain, and all information have got to be supplied with alacrity and without demur, except those which are clearly prohibited by the express terms of the Statute. In 2017, the Punjab & Haryana High Court also expressed the view that purpose for seeking the information "becomes relevant in order to determine the facts whether the information sought for pertains to public purpose or falls under the exception under Section 8 of the Act", and the claim for the information may be denied only if "the information sought for has got no relationship to any public activity or interest and the disclosure of the same cause unwarranted invasion of privacy of third party." The Meghalaya High Court made clear in 2015 that, "As per Section 6 of the RTI Act, 2005 the locus standi of an applicant cannot be a question for determination of right to seek information.The refusal on the part of the authorities below to furnish the necessary information, as such, is not tenable in law and liable to be interfered with."