RTI Trumps Official Secrets Act, Says SC

Justice Joseph cites information law as government seeks to keep Rafale pricing details under wraps

- Krishnadas Rajagopal

An all-out effort by the government to claim privilege and push the Rafale jets’ pricing details back into the dark zone was met with a stoic counter from Justice K.M. Joseph in the Supreme Court on Thursday.

The government’s reasons to hush the Rafale prices ranged from national security to not upsetting a “solemn undertaking” given to France to keep the price of the jets a secret.

Multiple Sections

But Justice Joseph, one of the three judges on the Bench, asked the government to read out Sections of the Right to Information (RTI) Act, 2005. The judge said the information law has revolutionised governance and overpowered notions of secrecy protected under the Official Secrets Act, 1923.

Attorney-General K.K. Venugopal was first made to read out Section 22 of the RTI Act, which declared the RTI to have an “overriding effect” over OSA. Then Section 24, which mandates even security and intelligence organisations to disclose information on corruption and human rights violations. finally, Section 8(2), which compels the government to disclose information “if public interest in disclosure outweighs the harm to protected interests”.