BANGALORE: Is the statement about assets and liabilities filed by legislators before the Lokayukta a confidential document that cannot be shared with the public?

The former Industries Minister R.V. Deshpande and the Public Information Officer (PIO) in the office of the Lokayukta, K.B. Sangannavar, have different perceptions on the matter even as the State Information Commission is hearing Mr. Deshpande's plea.

Mr. Deshpande maintains that the information given by legislators should not be made available to the public. But Mr. Sangannavar contends that whatever information is statutorily made available to his office is a public document, and there is no way the public can be denied the information if a requisition is made under the Right to Information Act.

The disagreement arose following an application made by Suresh, a resident of Indiranagar here, seeking from the PIO copies of the declaration of the assets and liabilities filed by Mr. Deshpande before the Lokayukta for 1986-87 and 2004-05.

Mr. Deshpande's contention is that this information is confidential and personal and, to support his claim, he has invoked the provisions of Section 8 (1) (j) of the Right to Information Act. This provision forbids the disclosure of any information "which is personal and the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual", unless "the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information".

With the PIO allowing Mr. Suresh's application, Mr. Deshpande moved Lokayukta Registrar L. Subramanya, who is the first appellate authority.

Mr. Subramanya upheld the PIO's order and said the Lokayukta Act was enacted with the purpose of good governance and to prevent misconduct and corruption among public servants. The statements of assets and liabilities filed by public servants cannot be said to have no relationship with public activity or interest. In fact it does, he said.

Deshpande appeals

Mr. Deshpande has since moved the State Information Commission, which has stayed the order pending disposal of the appeal. The case has been posted to June 14.

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