Gujarat Information Commission supersedes RTI Act to order Public Authority not to accept any RTI applications by a citizen for 5 yrs:RTI Activist

 Prakash Kamat

Panaji, January 15- The Gujarat Chief Information Commissioner supersedes the Right to Information Act to order Public Authority not to accept any RTI applications by a citizen for 5 yrs when Information Commission should ensure effective implementation of RTI,say RTI activists.

Chief Information Commissioner, of Gujarat, Shir D.P. Thakar, has issued an order on January5, 2021, in the hearing scheduled regarding complaint filed by citizens Chintanbhai, Bharatiben and Dilhariben, to put ban on use of RTI by them for five years. The order cites that this ban is because of repeated use of RTI to pressurize the system. The Order has asked, PHC Jesar (PIO) and CDHO Bhavnagar (Applet Authority) not to accept and entertain any RTI  and appeals for these three citizens from the date of the order till next 5 years.

This is for the first time in RTI’s history where a Information Commission has banned any citizen from seeking information from Public Authority. As per RTI Act, a Information Commissioner has power to make penalty order, to recommend for departmental inquiries against PIO, to ask PIO to  furnish information. But there is no provision in the Act which empowers a Commission to ban a citizen from using RTI to seek information. This order is,thus, completely un-constitutional as RTI Act has been passed by the Parliament and under the law there is no power with the State or Central Commission to prevent aany citizensfrom filing RTI, or to ask any public authority NOT to implement the law passed by the Parliament. Moreover, a High Court order has been  mis-interpreted to deny citizen’s lawful right of seeking information quoted in the order.

The RTI activists apprehend that this order will give free hand to public authorities to deny information to public.

RTI helpline, run by Mahiti Adhikar Gujarat Pahel, has been receiving calls since last few months, where citizens complain that they are being threatened by Information Commission, not to make repeated RTI or appeals or else they will be stopped from using RTI itself.

RTI helpline states that, RTI Act has no provisions to prevent citizen from filing RTI or appeal with public authorities. This order of the Chief Information Commissioner is un-constitutiona and thus RTI groups, civil society members and activists of RTI have appealed to the Gujarat State Information Commission to immediately withdraw the same. This order betrays incompetency of  the Information Commission to interpret RTI Act, also their ignorance about RTI Act. It will send message that the Commission is incompetent to fulfill the responsibility given by the Act. 

Such approach of the Commission will not only mislead public authorities for denying information but will make RTI ineffective. 

If citizen has violated any law, State is competent to take actions against such citizen under appropriate law. But Commission cannot prevent implementation of RTI passed by Parliament,by merely citing such incidents. 

Parliament of this country has passed a very important legislation to protect and enhance citizen’s right to seek information and enhance transparency. It is expected that Information Commission needs to be pro-active and well prepared to fulfill responsibility put on it,said  Ms. Pankti Jog, Executive Secretary, Mahiti Adhikar Gujarat Pahel(MAGP) in a press release.(eom)

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