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PIL filed against Official Secrets Act

The Supreme Court has admitted a public interest litigation challenging section five of the Official Secrets Act, 1923, which prohibits government servants from divulging confidential information.

Jointly filed by three non-governmental organisations -- the Centre for Public Interest Litigation, National Campaign for the People's Right to Information, and Manushi - the petition sought a direction to the urban affairs ministry to grant them access to two files, for which they had already paid.

The bench hearing the case comprises Justices S P Bharucha, A P Misra and D P Mohapatra.

The petitioners contend that section five of the Act, prohibiting public officials from disclosing any information that came to them in their official capacity and making such disclosure an offence, violates Article 19 (1)(a) of the Constitution.

The NGOs challenged an order from the cabinet secretary dated October 16 that directed the ministry of urban development not to give effect to Urban Affairs Minister Ram Jethmalani's fiat.

Jethmalini had announced on October 10 that the files of his ministry were open to public for a token fee.

The two files the petitioners wanted related to the appointment of a consultant for the metro rail project, and relating to the opening of the ministry's files to the public.

UNI

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