PATNA
The Patna High Court, in an order uploaded Friday, has made scathing observations on the Bihar government, saying it’s is most reluctant to put in the public domain the number of deaths which occurred in the state during the last one year during Covid-19 pandemic and that it is obligatory on the state to fight the “infodemic”.
The HC has been hearing a suo motu public interest litigation (PIL) on the Covid-19 management in Bihar.
“In our considered view, the resistance is uncalled for, as such action is neither protected by any law nor in consonance with settled principles of good governance. The government, while correcting its myopic approach, only needs a reminder that ‘to cover with veil of secrecy, the common routine business, is not in the interest of the public’... Transparency is the hallmark of good governance, more so in today’s era, especially when the government, both Central and the State, are committed to making success the flagship “Digital India” programme and the National Data Sharing and Accessibility Policy (NDSAP) - 2012,” the bench of Chief Justice Sanjay Karol and Justice Sanjay Kumar observed, citing a Supreme Court order.
The bench said the Registration of Births and Deaths Act, 1969, and also the Right to Information Act, 2005, gave a right to a person in almost unequivocal terms of their access to information and therefore, the digital portals should be made accessible to the general public with regular and timely updates.
{{/usCountry}}The bench said the Registration of Births and Deaths Act, 1969, and also the Right to Information Act, 2005, gave a right to a person in almost unequivocal terms of their access to information and therefore, the digital portals should be made accessible to the general public with regular and timely updates.
{{/usCountry}}Directing that the updating be carried out within the next two months, the court said, “Elected representatives upon whom an obligation has been placed, by relevant statutes/orders, are duty-bound to disclose the number of deaths that occurred in their constituencies within 24 hours,”
The bench said the need to undertake such an exercise arose only “when the court did not find the number of deaths reported by the government of Bihar during the second wave of Covid-19 to be correct, which stood confirmed through the affidavit dated June 10, 2021, filed by the chief secretary wherein it is stated that the total number of deaths which took place in Bihar is 9375 and not 5424, the figure indicated earlier”.
“We clarify that at this stage that we do not express any opinion on the explanation furnished by the chief secretary for revising the figure, which may or may not be factually correct,” the bench said.
“We see no reason as to why such information of deaths, Covid and non-Covid, is not regularly uploaded and made known to the general public,” it said.