Provisions of the Right to Information Act (RTI) are applicable to the Members of Parliament in respect of the Declaration of Assets and Liabilities Law, the Court of Appeal held on Tuesday (28).
The landmark judgment was announced by the Court of Appeal two-judge-bench comprising Justices Sampath Abayakoon and P. Kumararatnam.
The court stated that the RTI Act should prevail over the provisions of the Declaration of Assets and Liabilities Law, enabling people to know the names of the Parliamentarians who have tendered their declaration of assets and liabilities.
“Members of Parliament are persons who are elected by the people and maintained by the people. They are expected to abide by the laws of the country at all times and provide examples for others to follow. Under the provisions of the Declaration of Assets and Liabilities Law, any person who comes under the provisions of the Law, fails to provide the relevant declaration of assets and liabilities as required, would be committing an offence punishable with a fine or imprisonment of either description or both such fine and imprisonment”, Justice Abeykoon observed.
The court order was issued after taking up for hearing an application filed by the Secretary General of Parliament challenging the Right to Information Commission’s decision that the information requested by journalist Chamara Sampath on MPs who have tendered their assets declarations should be released to him.
In a letter to the Secretary General of Parliament in June 2018, the journalist had requested the Information Officer of the Parliament for the list of names of MPs who have handed over their respective declarations of assets and liabilities in 2018.
However, the Information Officer in a letter in August 2018 had refused the request on the basis that he has to make an application in terms of the Declaration of the Assets and Liabilities Act of Act No.1 of 1975 to the Speaker of Parliament, which is a separate Act that governs the declarations of the Members of Parliament.
The matter was brought before the court, where the Court of Appeal has now declared that the provisions of the RTI Act are applicable to the Members of Parliament in respect of the Declaration of Assets and Liabilities Law. (NewsWire)