By IANS
New Delhi : Stock exchanges and electricity distribution companies might argue that they are not covered by the Right to Information (RTI) Act but in the final analysis they must be answerable to the public, says India’s Chief Information Commissioner Wajahat Habibullah.
Both the entities have moved court, asserting they do not fall under the RTI purview.
“As far as the stock exchanges are concerned, we have given a ruling that they are public authorities and it was their duty to provide information,” Habibullah said during an interaction with the editorial team of IANS.
The Bombay Stock Exchange (BSE) challenged a June 2007 order of the Central Information Commission (CIC), which held that stock exchanges are ‘public authorities’ and hence are covered under the RTI Act.
The CIC order was passed in response to three appeals filed by people who had been refused information sought under the RTI Act by the Jaipur Stock Exchange, the National Stock Exchange (NSE) and the BSE respectively.
On their part, the stock exchanges refused to provide information stating that the RTI Act could be used to procure information only from a ‘public authority’ and that they were not covered by any such definition under the RTI Act.
“The party in the case was the BSE. We gave a clear ruling but they have challenged it in both the Mumbai and Delhi High Courts,” he clarified.
A five-member bench of the CIC deemed that stock exchanges were ‘public authorities’ as they were subject to writ jurisdiction. (Writs are judicial orders issued to a state or government body.) Normally, writs are not issued to individuals or private bodies, including public limited companies.
Habibullah further pointed out that the watchdog Securities and Exchange Board of India (SEBI) supported the CIC’s case, saying stock exchanges were registered as public limited companies. It was based on SEBI’s testimony, Habibullah argues, that the CIC gave the ruling and held that stock exchanges discharged an important public function of regulating and controlling the business of sale and purchase of securities.
The RTI Act, which came into force in October 2005, is seen by many as the most powerful tool for empowering people as it gives citizens the “right” to access information as compared to “freedom of information” in other countries.
Like stock exchanges, power distribution companies (discoms) too have shown resistance to come under the act’s ambit, says Habibullah.
“Even the discoms are disputing the RTI. The matter was remanded to us and we have given a further decision on that. But presently the case is up before the court,” he added.
Habibullah stoutly maintains that all bodies owned, controlled or substantially financed by funds provided directly or indirectly by the government should be under the purview of the RTI Act.
“But these organisations are resisting the move to come under the RTI scanner.
This is a period of lull. I doubt if they can really resist it.”
The discoms have argued they are ready to provide information to the Delhi Electricity Regulatory Commission if asked but want to stay out of the RTI Act’s loop.