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Three petitions in SC against RTI Bill
View(s):A Special Determination petition was filed by two software engineers representing the Sri Lanka Information Technology Professionals’ Association, a collective body of IT professionals.
Challenging the constitutionality of the Bill, they plead that clause 5(1) (c)(V) and clause 5(3) are in contravention of the protection according to the Articles 12(1) and 14(1)(g) of the Constitution.
The provisions in the clauses of 5 (1) (c)(V) deal with the instances of denying access to the information where the disclosure of such information would cause serious prejudice to the economy of the country.
“By disclosing prematurely decisions to change or continue government economic or financial policies related exchange rates or the control of overseas exchange transactions; the regulation of banking or credit; taxation; the stability, control and adjustment of prices of goods and services, rents and other costs and rates of wages.” the clause reads.
The 5(v) of the provision seeks to deny the disclosure of trade agreements entering into with overseas.
The petitioners seek the court directive to declare that above provisions in the Bill is unconstitutional and in violation of Article 12(1) and 14(1) of the Constitution. They urged the court to pronounce that the said Bill requires a two-thirds majority of the Parliament and a approval of the public through a referendum as provided in Article 83 of the Constitution.
Nuwan Ballantudawa , an Attorney-at-Law who is also the co-coordinator of Global Srilankan Forum, a voluntary organisation consisting of Sri Lankan expatriates living around the world challenged the constitutionality of the Bill on the basis of certain clauses.
In his petition, he says the Right to Information Commission (RIC) is vested with judicial power which consists of persons nominated by Non Governmental Organisations (NGOs), Bar Association and private media personnel who will have access to information which law seeks to prevent the public from having access to “ The members of the commission will have access to information even with regard to defence of the state and national security.”
Indicating that the members of the RIC are holders of paid office under the Republic as “Public Officers” within the meaning of Article 170, the petitioner argues therefore the members of the commission cannot be appointed by the President.
He seeks the courts to declare that 22 clauses of the Bill infringes Articles of the Constitution.
The petitioner states that restrictions placed on access to information regarding “overseas trade agreements” is in violation of Article 14,14 A and 15 of the Constitution as the Articles does not permit restrictions to be placed with regard to matters pertaining to economy.
“These restrictions have been placed purely to restrict access to information regarding the Economic and Technology Co-operation Agreement (ETCA) proposed to be enacted between governments of Sri Lanka and India.” he says.
Dr A.G. Damayanthi Perera, a specialist in food, nutrition and an independent researcher also filed a petition on the basis that restrictions placed on access to information relating to overseas trade agreements in clause 5(1)(c) is inconsistent with the Articles 14,14A and 15 of the Constitution as Articles do not permit restrictions to be placed with regard to matters relating to the economy.
The petitioner also pointed out that most of these overseas agreements are unequal treaties imposed on developing countries like Sri Lanka by powerful developed countries for their own benefit, causing tremendous harm to weaker partners in the long run.
In all three petitions, the Attorney General is named as the sole respondent.