Home » News

Writ of Mandamus Issued for Proactive Disclosure of Information

«back»

14 September, 2014 -

After a two-month long awaiting, RTI Activist lawyers in the District of Banke were successful to rule 18 major district level public agencies of Banke and Bardiya to proactively disclose public information in every 3 months through the issuance of the Order of Mandamus from the Appellate Court, Banke on  10th September, 2014.

 

A panel of RTI Activist lawyers namely Mr. Bishwajeet Tiwari, an Advocate and the President of Information and Human Rights Research Centre (IHRC), Advocate Bal Bahadur Chand, Advocate Sudip Kumar Bhattarai, Advocate Kewal Singh Tharu and Advocate Sunil Kumar Shrestha filed a petition seeking an order to proactively disclose public information in every three months as required by Section 3(5) of the Right to Information Act 2007.

 

Information and Human Rights Research Centre (IHRC), Banke has been actively engaged in the promotion of RTI being remained as a Strategic Partner CSO of CCRI since 2012.

 

The respondents of the petition were 18, namely: District Administration Office, Banke, Land Revenue Office, Banke, Nepaljung Municipality Office, Banke, Land Reform Office, Banke, District Forest Office, Banke, District Education Office, Banke, Office of Transportation Management, Banke, Division Drinking Water and Sanitation Office, Banke, Office of Women and Children, Banke, Nepal Telecom Regional Office, Banke, District Agricultural Office, Banke, Sikta Irrigation Project, Banke, District Development Committee, Bardiya, Gularia Municipality Office, Bardiya, Land Revenue Office, Bardiya, Land Reform Office, Bardiya and District Forest Office, Bardiya. The respondents were claimed for not having complied with the Section 3(5) of the RTI Act 2007 and have not yet begun with proactively disclosing the public information.

 

The Division Bench of Justice Ram Krishna Bhatta and Justice Dinesh Yadav on 10th September, 2014 issued an order of Mandamus against the respondent agencies to proactively disseminate public information in every three months as required by Section 3(5) of the Right to Information Act 2007. 

 

Regarding the verdict of the Court, Mr. Tanka Aryal, Executive Director of CCRI said," It has been a landmark ruling by the Court to oblige every public agency with the obligations in accordance with RTI Act 2007 while it applies equally with the remaining public agencies as well."