Cherish RTI Act, don’t misuse it

DEVIOUS Unscrupulous elements often use it for extortion and blackmail under the garb of activism

LUCKNOW: The Right to Information Act 2005 enacted to empower the common man, is facing a tough challenge from fake activists who are blatantly misusing the Act meant for common good.

Recently, the state information commission’s office in Indira Bhawan here was in news after an ‘RTI activist’ created a scene in the court of state information commissioner Arvind Singh Bisht, pressing for information and speedy disposal of his case.

The so-called activist also misbehaved with the court staff. However, he denied all charges levelled against him.

The information commission here has 10 courts, including that of state chief information commissioner Jawed Usmani. On an average, each court receives around 50 new appeals every day seeking information or justice.

The SICs here work tirelessly trying to ensure justice to the needy.

From pending pension dues, to gratuity, unjustified deductions from wages, to misuse of Madarsa funds, degrees not distributed and even cases of a person wrongly implicated by cops in a crime have come up before the information commission. In almost all cases, the SICs have ensured justice to RTI applicants.

But the Act which can be of immense use to the common man is also being used as an extortion tool.. Every day several appeals come up before the SICs seeking frivolous informa- tion.

In one such case, government officials even appeared before SIC Hafiz Usman and apprised him of an applicant’s blackmailing in the name of RTI.

Taking serious note of the issue, the SIC quashed the RTI appeal and warned the applicant against misuse of the RTI Act.

Former state information commissioner Gyanendra Sharma has also voiced his concern over misuse of the RTI Act.

“The RTI Act 2005 is one of the most important Acts enacted in the country. It has empowered the common man, who can now seek answers from the government, which was almost impossible before the Act came into force,” said Sharma.

However, RTI appeals seeking frivolous information had now become a norm, he added.

Referring to one such case, Sharma said: “A clerk in a government office had filed several RTIs against his own department just to harass seniors. After investigation, it came to light that the clerk was facing several charges of corruption. I quashed his RTI appeals.”

Sharma also cited inability of public information officers (PIO) and first appeal officers to furnish information on RTI applications as the major reason behind too many RTI appeals landing at the state information commission in Lucknow.

“The PIOs in government offices have failed to provide information to RTI applicants. If these PIOs become efficient, the information commission’s work load will come down,” Sharma said.

If the case was disposed of at the local level, the SIC would be relieved of extra burden, he added. Sharma also questioned efficiency of first appeal officers in providing information.

“The first appeal officers in Central government offices are better trained than their counterparts in the state, including Uttar Pradesh,” he pointed out.

An RTI appeal goes to PIO and in case he is not able to provide information, the RTI applicant can file a first appeal before the first appeal officer, who is appointed at the same office where the PIO sits.

When both fail to provide information, then the RTI applicant may file a second appeal before the state information commission.

The former SIC also advocated for checks and balances, like in many European countries and US, against misuse of the RTI Act in India.

The Delhi high court also, in its March 2014 order, had cautioned against misuse of the RTI Act. Observing RTI Act as a ‘formidable tool’ in the hands of citizens, Justice Manmohan had stated that the RTI was a cherished right and seeking answers to ‘meaningless and vague queries’ would adversely affect the administration and result in the executive getting bogged down with non-productive work of collecting and furnishing information.

EVERY DAY SEVERAL APPEALS COME UP BEFORE THE SICS SEEKING FRIVOLOUS INFORMATION