The Hindu Business Line : Down with undermining of RTI

The British Government is finding itself in a spot following an order of the Information Commissioner, functioning under the Freedom of Information Act, akin to India’s Right to Information (RTI) Act, to release copies of Cabinet Minutes and government records relating to meetings held between March 7 and 17, 2003. He has held that “a decision on whether to take military action against another country is so important that accountability for such decision-making is paramount”.

Threat to security

The request made by a civil society organisation pertains to the period immediately preceding the invasion of Iraq by the so-called Coalition of the Willing put together by the US. It will be recalled that the British Government tagged itself on to the Bush Administration so enthusiastically as to collaborate in the fabrication of false intelligence accusing Saddam Hussein of producing and stockpiling weapons of mass destruction and having links with al Qaeda terrorists and, thereby, posing a threat to the security of Britain and the US.

Following trenchant criticism in Parliament, the Prime Minister, Mr Tony Blair, was forced to refer the question of the legality of British participation in the invasion to the Attorney General for advice. There were media reports at that time that the Attorney-General had advised against the invasion for which, in his opinion, there were not adequate and justifiable grounds. His advice was never made public: If the reports are correct, they would lend weight to the view persistently expressed by critics that the war was illegal and led to commission of crimes against humanity — a charge identical to the one for which the Nazi leaders were tried and hanged.

The documents which the UK Information Commissioner has directed to be released could, in this background, prove to be veritable dynamite pulling down the Government and possibly providing ready-made material for invoking the jurisdiction of the International War Crimes Tribunal.

No wonder the Government has decided to fight the release of the Iraq war records tooth and nail and has deputed the Cabinet Secretary himself to represent the Government before the Information Tribunal which is the final court of appeal. If the Government loses there, it is even said to be determined to pass a special legislation to block the release of the documents.

Regrettable tendency

In India, too, the Government is in an awkward predicament following a ruling by the Central Information Commissoner, Mr Wajahat Habibullah, that notings on the Government’s files including the Cabinet’s decisions should be made public and that “A Cabinet decision, the reasons thereof and the material on the basis of which the decision was taken, is liable to be disclosed once the decision has been taken and the matter is complete.”

This stand deserves whole-hearted support. Members elected to legislatures to represent the interests and concerns of the people become Ministers. As such, they are answerable to their sovereign masters, the people, for their decisions and actions. So also every functionary from the President downwards is a public servant whose salaries come from tax payers’ money.

The people have the right to satisfy themselves that public servants of all levels are adhering to the imperative norms of rectitude and accountability. There is a regrettable tendency on the part of the various organs of the Government to resist making available official documents under the RTI as they fear that the information contained in them might show them in a poor light. The Chief Justice of India has already made a blanket pronouncement in public that the RTI does not apply to the Supreme Court.

People should be on guard against such attempts to undermine the objective and effectiveness of RTI.

B. S. RAGHAVAN