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Now, SGPC falls within the ambit
of RTI Act
 Chandigarh: Once
again reiterating that the functioning of the SGPC comes within the
ambit of the RTI Act, Punjab Chief Information Commissioner (CIC) R
I Singh has ruled that the Shiromani Gurdwara Parbandhak Committee (SGPC)
was created by the Sikh Gurdwara Act, 1925, with an objective to
provide better administration of gurdwaras. Therefore, transparency
and openness are in consonance with its democratic character.
The SGPC had been
denying information under the RTI Act in many cases on the plea that
it was not covered under the law.
Interestingly,
while denying information, the SGPC relied on the decision of the
CIC in a case pertaining to the Army Wives’ Welfare Association (AWWA),
wherein it was held that an organisation not financed by the
government was not a public authority under the purview of the Act.
R I Singh took up
three cases— of Kulvir Kaur of Muktsar, Harbir Singh of Patiala and
Dr Gurbachan Singh Sohi of Sangrur— together, as the point of law
involved was the same. Applicant Harbir Singh, a retired principal,
had sought information pertaining to the proceedings of the
committee constituted for selection to the post of Director
(Education), SGPC, Kaur had asked for details of criteria for
selection of candidates for the post of computer science teacher and
Dr Sohi wanted information about interviews conducted for the post
of Director (Education). In all the three cases, the PIO, denied
information relying on the AWWA case.
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The
complainants stated that the SGPC does not find mention in the
second schedule of the Act, which mentions the organisations
exempted from the provision of RTI Act. The plea of the respondent,
on the other hand, was that the SGPC was not owned, controlled or
financed by the government, and its position was similar to Army
Wives’ Welfare Association. |
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The complainants
stated that the SGPC does not find mention in the second schedule of
the Act, which mentions the organisations exempted from the
provision of RTI Act. The plea of the respondent, on the other hand,
was that the SGPC was not owned, controlled or financed by the
government, and its position was similar to Army Wives’ Welfare
Association.
Not agreeing with
the arguments of the respondents, the CIC said, “The SGPC is a
creation of The Sikh Gurdwaras Act, 1925. The legislation passed by
the then Punjab legislative council marked the culmination of the
struggle of the Sikhs to wrest control of their places of worship
from mahants or priests. The objective of the legislation was to
provide better administration of gurdwaras. The Act provides for an
elected democratic regime to manage the affairs of gurdwaras.
Transparency and openness are, therefore, in consonance with the
democratic character of the SGPC.” He said under the RTI Act, public
authority means a body or institution established by law made by
Parliament or state legislature.
Therefore, the plea
that the SGPC was not funded by the state was immaterial. Saying
that these cases could not be compared with those of AWWA, the CIC
said, “The Army Wives’ Welfare Association, as the name itself
suggests, is a non-statutory body. Therefore, respondents cannot
fall back on it for seeking exemption from the RTI Act.” He said in
the past too, SGPC authorities have been giving information, and it
appears that it was the Directorate of Education, SGPC, which had
brought about the change. Besides, the information being sought in
these three cases does not pertain to any religious affair, he
added, while directing that the information be given within 15 days.
9
December 2009
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