"Caution must be exercised while responding to questions under RTI": No replies that would embarrass government, says Home Department

THIRUVANANTHAPURAM: The Home Department has asked to exercise caution while responding to questions under the Right to Information Act on issues that put pressure on the government. The warning comes in the backdrop of the government being put on the defensive by the RTI reply that there was no police investigation into the Thrissur Pooram disruption.

DySP MS Santosh, who was the Public Information Officer at the police headquarters, was first suspended and later recalled and warned. In this order, the Home Department makes it clear that there should be no replies that would embarrass the government.

Although such instructions are given secretly, this is the first time it is said so in a government order. There are allegations that this instruction destroys the essence of the Right to Information Act.

A channel reporter had raised five questions regarding the Thrissur Pooram disruption investigation and the transfer of the Thrissur City Police Commissioner. Before the Junior Superintendent of the section could reply, the DySP gave incomplete information. "The Thrissur City Police did not conduct an investigation into the Pooram disruption. Therefore, the information is not available there."- This was the reply. The application was forwarded to the Thrissur Commissioner's office as well. The ADGP in charge of law and order was investigating Pooram disruption on the instructions of the Chief Minister.

Lack of vigilance by the DySP

The government assessed that the DySP had recklessly shirk his responsibility and had not exercised due care and caution. The misunderstanding that no investigation was being conducted in the Pooram disruption had spread throughout the state. The failure to send the question regarding the transfer of the Thrissur Commissioner to the government for a reply was also a lapse.

Order is illegal

The law states that RTI officers in government offices should work under the control of the RTI Commission. The government cannot dictate how the reply should be. It was alleged that the government order is contrary to this.

👉It is the Right to Information Commission that should take action if the officer gives a wrong answer. It was against this that the DySP was suspended and later taken back and warned.

👉 Officers are protected under Section-21 of the Right to Information Act for actions taken in good faith. The law states that no lawsuit or prosecution can stand against them.

"I disposed of 5699 applications and 88 appeals expeditiously while serving as the Information Officer at the Police Headquarters from August 12, 2021 to September 19, 2024. I have not been fined or punished by the Right to Information Commission." - DySP Santosh's reply to the government