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Times of India: Mumbai: Saturday, 19th
September 2026.
The Mumbai-Goa highway has
become a long-running infrastructure headache for Konkan commuters, with the
four-laning of 355km in Maharashtra now costing ₹16,909.22 crore nearly ₹5,500
crore or 48% more than its original sanctioned cost, according to fresh
information obtained under the Right to Information (RTI) Act.
The figures, obtained by
RTI activist Jeetendra Ghadge of The Young Whistleblowers Foundation from the Union
Road transport and highways ministry, cover 10 four-laning packages of NH-66 in
Maharashtra. The data shows that ₹11,577 crore has already been spent,
exceeding the project's original sanctioned cost of ₹11,409.14 crore, even
though work on some stretches remains incomplete.
The sharpest escalation is
in the Parshuram Ghat-Arawali package in the Chiplun-Ratnagiri belt. Its
sanctioned cost has risen from ₹983 crore to ₹2,226 crore a 126% increase.
For motorists, however,
the issue is not merely the size of the bill but what they get for it:
stretches of unfinished four-laning, bottlenecks and traffic disruption on a
highway that is the principal road link between Mumbai and the Konkan.
The Centre began the
four-laning work in phases in 2011. Official records have repeatedly cited
land-acquisition and other pre-construction delays, clearances and financial
difficulties faced by some contractors as reasons for slippage. A 2024
parliamentary reply said the Mumbai-Goa NH-66 project had been delayed by land
acquisition, pre-construction activities and contractors' cash-flow problems.
The delays have also drawn
judicial scrutiny. In January 2024, the Bombay High Court observed that the
prolonged delay in the NH-66 widening and repair works caused hardship to
people and added to the burden on the state exchequer through rising construction
costs.
Ghadge questioned the
division of responsibility for the highway's execution. While the
Panvel-Indapur section is being handled by NHAI, the Maharashtra stretches
covered by the RTI are being executed through the state PWD under the national
highway programme. Earlier MoRTH records have also identified Maharashtra PWD
as the executing agency for the Indapur-Zarap four-laning packages.
“When a project of this
scale has remained incomplete for nearly 15 years despite thousands of crores
being sanctioned and spent, the government must answer a basic question: who is
ultimately accountable for the delay?” Ghadge said.
He also alleged that the
prolonged delays had imposed a continuing human and economic cost on Konkan
residents and travellers.
The impact becomes
particularly visible around Ganeshotsav, when lakhs of Mumbaikars and other
residents head towards their ancestral villages in Raigad, Ratnagiri and
Sindhudurg. A journey that can take around seven hours in normal conditions can
stretch much longer when traffic converges on unfinished stretches, narrow
carriageways and construction zones.
The highway has also seen
repeated missed deadlines. In March 2023, Union minister Nitin Gadkari had said
the highway would be completed by December 2023 and opened fully by January
2024. In a 2025 parliamentary reply, the revised completion target was September
2025, with the government citing land acquisition, pre-construction activities
and contractors' cash-flow problems.
A 2026 parliamentary
response subsequently said about 465km of the roughly 485km
Panvel-Goa/Maharashtra-border section had been four-laned, with the balance
20km targeted for completion by June 2026; it cited land-related hindrances,
clearances and slow contractor progress for delays.
The Samruddhi contrast
701km Samruddhi Mahamarg,
a completely new expressway developed by Maharashtra. The project was
inaugurated in phases, with the first 520km opening in December 2022; the full
corridor is 701km.
For Konkan travellers,
therefore, the latest RTI figures raise a simple question beyond cost
escalation: after years of revisions, deadlines and expenditure, when will the
promised four-lane highway deliver the safer, predictable journey it was meant
to provide?
Meanwhile officials
clarified that, "Panvel to Indapur, 84 Km stretch was started in 2011 by
NHAI, while Indapur to Zarap, 355 km in 10 packages was started in 2018 by
MoRTH through NH PWD as their agency."
New Indian Express: Delhi: Saturday, 19th
September 2026.
The information was
furnished in response to an RTI application seeking details of online games
permitted to operate, complaints received against them and action taken against
fake online games.
No online game has been
granted registration under the new online gaming law so far, while 201
complaints related to online gaming had been received as of September 1, the
Ministry of Electronics and Information Technology (MeitY) has informed the
Central Information Commission (CIC).
The information was
furnished in response to an RTI application seeking details of online games
permitted to operate, complaints received against them and action taken against
fake online games.
The Promotion and
Regulation of Online Gaming Act, 2025, along with the Promotion and Regulation
of Online Gaming Rules, 2026, came into force on May 1 this year. The framework
provides for the Online Gaming Authority of India (OGAI) to regulate the sector.
MeitY told the CIC that
the OGAI, constituted under Section 8 of the Act, was formally established
through a gazette notification on April 22.
The ministry had initially
referred to amendments to the Information Technology (Intermediary Guidelines
and Digital Media Ethics Code) Rules, 2021, notified in April 2023, as the
regulatory framework for online gaming platforms. It later clarified that provisions
relating to online gaming under those rules remained unenforceable.
The RTI applicant
challenged the response, alleging that the information provided was incomplete,
false and misleading. The First Appellate Authority, however, upheld the reply.
During the CIC hearing,
MeitY said the new Act was notified on August 22, 2025, and the Rules on April
22, 2026. In view of the new framework, it said, "no online game has been
granted registration under the Online Gaming Authority of India (OGAI), while
201 complaints had been received as on September 1, 2026".
CIC Information
Commissioner P R Ramesh observed that the RTI Act allows applicants to seek
information available on record but does not require a CPIO to create
information, draw inferences or provide explanations.
"The subsequent
written submission of the Respondent has further clarified the present
position," the Commission said, adding that the available information had
been provided to the applicant.
(With inputs from PTI)
Live Law: Article: Saturday, 19th September
2026.
The Right to Information
Act, 2005 rests on a simple democratic principle: a citizen has the right to
know what the State is doing, how it is doing it and what records it holds. The
Public Information Officer is not merely an administrative intermediary in this
process. He is the statutory officer through whom that right is implemented.
His obligation to respond is created by law. This becomes particularly
significant when a PIO does not merely delay information or commit an
inadvertent mistake, but knowingly gives a false response to an applicant.
“Record not found” may be a perfectly legitimate answer where a genuine search
has failed. But if the officer knows that the record exists and nevertheless
says that it does not, the character of the conduct changes completely. The
question is no longer simply whether the RTI application was properly dealt
with. It becomes whether a public servant deliberately used his statutory
position to defeat a statutory right.
The RTI Act Already
Recognises Deliberate Obstruction
Section 20 of the RTI Act
itself draws a clear distinction between an innocent administrative lapse and
deliberate misconduct. It contemplates penalty where a PIO, without reasonable
cause, refuses or delays information, mala fidely denies a request, knowingly
provides incorrect, incomplete or misleading information, destroys information
which was the subject of the request or obstructs the furnishing of
information. The Act also permits recommendation of disciplinary action in
appropriate cases. The statutory scheme therefore recognises that deliberate
obstruction is qualitatively different from an ordinary mistake. But the
penalty mechanism under the RTI Act does not automatically answer the separate
question of criminal liability. A statutory penalty and a criminal prosecution
operate in different legal fields. The real question is whether the facts of a
particular case satisfy the ingredients of an offence under the BNS.
Section 198 BNS Raises the
Larger Question
Section 198 of the
Bharatiya Nyaya Sanhita, 2023 is particularly relevant to this debate. It
concerns a public servant who knowingly disobeys a direction of law governing
the manner in which he is required to conduct himself as a public servant,
where such disobedience is accompanied by the intention to cause, or knowledge
that it is likely to cause, injury to a person. The provision does not make
every administrative violation a crime. It requires a public servant, a legal
direction, knowing disobedience and the requisite mental element concerning
injury. In the RTI framework, the statutory duties of the PIO are not merely
departmental instructions. The RTI Act creates enforceable rights for citizens
and prescribes obligations governing the furnishing or refusal of information.
The legal question, therefore, is whether a PIO who knowingly violates those
obligations in order to defeat an applicant's right can, on the facts, satisfy
Section 198.
Injury Cannot Be an Empty
Legal Word
The most important aspect
of the argument is the meaning of “injury”. Under the BNS, injury is not
confined to physical harm. It extends to harm caused to the body, mind,
reputation or property. That statutory formulation makes the question of mental
or other non physical harm legally relevant in an appropriate case. A citizen
who is deliberately misled by a public authority may be forced into repeated
proceedings, incur expenses, lose valuable time and suffer consequences
extending beyond the mere denial of information. But this does not mean that
every RTI applicant who experiences frustration or inconvenience has suffered a
criminal injury. The alleged injury must be specifically pleaded and supported
by facts. The causal connection between the conduct of the public servant and
the injury must also be demonstrated. The existence of the word “mind” in the
statutory definition opens the legal door for such an argument; it does not
remove the requirement of proof.
“Record Not Found” Cannot
Automatically Mean Criminality
There must also be a clear
distinction between a genuine inability to locate a record and a deliberate
falsehood. Government records can genuinely be misplaced, damaged or become
difficult to trace, particularly where record management is poor. A PIO who
conducts a bona fide search and honestly informs the applicant that the record
could not be traced cannot automatically be accused of committing a criminal
offence. The situation is fundamentally different where evidence subsequently
establishes that the record existed, was within the knowledge or custody of the
public authority and the officer nevertheless stated that it did not exist for
the purpose of preventing disclosure. In such a case, the surrounding
circumstances become crucial. File notings, correspondence, movement registers,
departmental communications, audit records, references to the document
elsewhere and the eventual recovery or production of the document may all
become relevant in establishing whether “record not found” was an honest response
or a calculated falsehood.
Before Criminal
Proceedings, Injury Must Be Established
A criminal complaint
cannot be built merely on the assertion that the applicant was “harassed”. If
criminal liability under Section 198 is alleged, the complaint must explain the
injury and connect it with the conduct of the accused. Where injury to the mind
is alleged, the circumstances demonstrating that harm should be placed before
the court. Where the alleged injury concerns reputation or property, the
consequences must be identified with reasonable specificity. The complainant
must also establish why the accused intended to cause that injury or knew that
it was likely to result. This is particularly important because the criminal
process cannot become an alternative mechanism for challenging every adverse
RTI decision. The RTI appeal mechanism exists for ordinary disputes over
disclosure, exemptions, delay and procedural compliance. Criminal law becomes
relevant only where the facts cross the considerably higher threshold required
for an offence.
Knowledge Is the Line
Between Error and Crime
The distinction between an
incorrect answer and a knowingly false answer is at the heart of the issue. A
PIO may misunderstand an application, rely upon an incorrect record or make an
administrative error without possessing any criminal intention. Such conduct
may attract correction, penalty or disciplinary consequences depending upon the
circumstances. But an officer who knows that a document exists and deliberately
tells the applicant that it does not exist stands on entirely different ground.
Criminal law is concerned not merely with what happened but with the mental
state accompanying the act. Evidence of prior correspondence, knowledge of the
file, internal communications and subsequent conduct may therefore become
critical in establishing whether the false response was accidental or
intentional.
When the Falsehood Enters
the Official Record
The issue becomes even
more serious when the alleged falsehood is deliberately incorporated into an
official document or electronic record. The uploaded study also examines
provisions concerning incorrect documents and records prepared by public
servants, including BNS Sections 201 and 256. Their application, however, must
depend upon the precise facts and statutory ingredients. They cannot simply be
invoked because an RTI reply is found to be incorrect. The prosecution would
have to establish what document or record was prepared, who prepared it, what
the officer knew about its correctness and what intention or knowledge
accompanied that conduct. Criminal law demands that each ingredient of the
particular offence be independently satisfied.
The Other BNS Provisions
Require Caution
The study also considers
Sections 210 and 211 BNS in relation to failure to produce documents or furnish
information where a person is legally bound to do so. These provisions may
become relevant in an appropriate factual situation, but their application
cannot be assumed merely because an RTI application was not properly answered.
The precise statutory obligation, the identity of the person upon whom that
obligation falls and the nature of the document or information must be
examined. A criminal complaint should identify the exact statutory duty and the
exact offence allegedly committed rather than treating every form of
administrative non cooperation as criminal conduct.
The Information Commission
and Criminal Court Have Different Roles
The Information Commission
and the criminal court perform fundamentally different functions. The
Commission can direct disclosure, impose statutory penalties and recommend
disciplinary action. A criminal court, on the other hand, must determine
whether the conduct satisfies the ingredients of a penal provision. Success
before the Information Commission does not automatically establish criminal
liability, just as the existence of an RTI remedy does not necessarily immunise
conduct which independently constitutes an offence under the BNS. The two legal
mechanisms can coexist, but their purposes and standards must not be confused.
Public Servants Cannot Be
Prosecuted Merely for Making Mistakes
There is an equally
important safeguard on the other side. Criminal law should never become a
weapon against public servants for bona fide decisions taken in the discharge
of their duties. If a PIO invokes an exemption on a reasonable interpretation
of the RTI Act, the applicant's remedy ordinarily lies within the statutory
appellate structure. If a record genuinely cannot be traced, the appropriate
issue may be the adequacy of the search and the record management system. If
there is an inadvertent delay, the statutory mechanism can address it. But
deliberate falsification is different. Where the evidence demonstrates that the
officer knew the truth, deliberately communicated the opposite and acted with
the requisite intention or knowledge concerning injury, the matter moves beyond
an ordinary RTI dispute.
A Criminal Complaint Must
Be Built on Evidence
The practical lesson for
an applicant is straightforward. A criminal complaint should not be drafted
merely by reproducing the language of the BNS. The applicant must build the
factual foundation. The original RTI application, the PIO's reply, the first appeal,
subsequent correspondence, documents establishing the existence of the
allegedly “missing” record, departmental communications and material
demonstrating the officer's prior knowledge can become crucial. Equally
important is evidence of the injury allegedly caused. The stronger the
documentary chain connecting the officer's knowledge, deliberate falsehood and
resulting injury, the stronger the legal foundation for invoking criminal
jurisdiction.
Criminal Liability Must
Remain the Exception, Not the Rule
The proposition should
therefore remain carefully confined. Every violation of the RTI Act is not a
criminal offence. Every delayed reply is not criminal misconduct. Every
incorrect answer is not evidence of criminal intention. But the opposite
proposition is equally important: the RTI Act cannot become a shield behind
which a public servant deliberately falsifies information, suppresses records
or knowingly defeats a citizen's statutory right without the possibility of
consequences under the general criminal law. Where the ingredients of Section
198 BNS or another specific penal provision are satisfied, the fact that the
conduct occurred in the course of processing an RTI application cannot by
itself extinguish criminal responsibility.
The Real Question Is What
the Officer Knew
Ultimately, the legal
question is not whether the PIO made a mistake. It is what the PIO knew when he
made the statement. If “record not found” reflects a genuine search, the matter
may remain administrative. If it reflects deliberate deception by an officer
who knew that the record existed and used a false official response to defeat
the applicant's right, the legal character of the conduct becomes far more
serious. The dividing line is knowledge, intention, evidence and injury. Before
a criminal complaint is instituted, the alleged injury must be properly
established. Before criminal liability is imposed, the requisite mens rea must
be proved. And before a public servant is prosecuted, the prosecution must
identify the precise offence and demonstrate every ingredient required by law.
That approach protects both sides of the constitutional balance: the citizen's
right to information and the public servant's protection against unjustified
criminal prosecution.
The RTI Reply Can Itself
Become the Evidence
The most uncomfortable
possibility for an erring public servant is also the simplest. The very reply
issued to defeat the citizen may eventually become the document used to
establish the deliberate nature of the conduct. If subsequent records
demonstrate that the officer knew the information existed, yet officially
recorded that it did not, the RTI response ceases to be merely an
administrative communication. It becomes part of the evidentiary chain from
which knowledge, intention and injury may be examined. The law should neither
criminalise an honest mistake nor provide a safe harbour for a calculated
falsehood. The difference between the two is not the designation of the
officer. It is what he knew, what he did and why he did it.
Author is an Advocate practicing at Supreme Court
of India. Views are personal.
Media Nama: New Delhi: Friday, September 18, 2026.
Prasar
Bharati has no monthly grievance compliance reports for its Waves OTT platform. It also has no
record of any communication from the Ministry of Information and Broadcasting
or any other ministry regarding this requirement, and no correspondence or
action taken over its non-compliance, according to two separate RTI replies
from the broadcaster’s WAVES OTT Division.
MediaNama
had filed
these RTIs in August 2026 after failing to find any published
grievance compliance reports for Waves OTT, as required under Rule 18(3) of the
IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. One
application was filed with Prasar Bharati and the other with the Ministry of
Information and Broadcasting (MIB). Both were answered by the WAVES OTT
Division itself, suggesting that the MIB application was passed on internally,
in line with our request to transfer it under Section 6(3) of the RTI Act if
the information was held by another authority.
What
the replies reveal
Whether
the grievance reports exist at all: “No such monthly grievance redressal/compliance
reports under Rule 18(3) of the IT Rules, 2021 are available on record with the
WAVES OTT Division.”
On
any Ministry circular, guideline, or communication instructing Prasar Bharati
to publish these reports: We asked this question in both RTIs, and Prasar
Bharati’s WAVES OTT Division gave the identical response each time: “No such
communication specifically regarding publication of monthly grievance reports
for WAVES OTT is available on record with the WAVES OTT Division.”
On
any correspondence, show-cause notices, or action reports over non-submission
or non-publication of these reports: “No such correspondence, show-cause notice, reply, or
action report is available on record with the WAVES OTT Division.”
Why
this matters
Rule
18(3) of the IT Rules applies to all publishers of online curated content,
and platforms such as Netflix, Amazon Prime Video, JioHotstar, SonyLIV, and Aha
Video already publish their monthly grievance reports. By Prasar Bharati’s own
account, Waves OTT has none. This highlights a gap in internal compliance
monitoring and the lack of action on grievance reports, suggesting that the
requirement under the IT Rules has gone unmonitored and unenforced since the
launch of Waves OTT.
We
have written to the Ministry of Information and Broadcasting seeking a response
to the following questions:
- Is the
Ministry aware that Waves OTT has not published any monthly grievance
compliance reports under Rule 18(3) since the obligation became applicable
to it?
- What
action, if any, will the Ministry take to bring Waves OTT into compliance,
and by when?
- Will the
Ministry direct Prasar Bharati to publish the backlog of monthly reports
it has not filed so far?
- Would the
Ministry like to offer any further comment on record for this story?
Another
RTI to the MIB seeking information on which OTT platforms it considers
compliant with Rule 18(3), and what records it uses to track this, remains
unanswered at the time of writing. We will publish an update if we hear back.
Highland Post: Shillong: Friday, September 18, 2026.
The
Meghalaya State Information Commission (MSIC) has directed the Public
Information Officer (PIO), Khasi Hills Autonomous District Council (KHADC), to
transfer an RTI application concerning toll and check gates operated by Himas
to all the Himas concerned.
In
an order issued on September 8, Secretary of the Commission, R. Kharbikhiew,
stated that if the subject matter of the RTI does not relate to the KHADC
office, Section 6(3)(ii) of the RTI Act, 2005 should be resorted to.
The
direction was issued in connection with the second appeal filed by a resident
of Nongkrem, Joannes JTL Lamare on August 8, who had sought information on
April 7, 2026 regarding the complete list of toll gates, check gates, forest
gates and non-tribal gates operated by Himas under KHADC, their locations and
operators, copies of tenders, revenue collected, notified fee structure, and
file notings.
The
PIO, KHADC had earlier replied that such records are not maintained by the
Council as the gates are under the administrative control of the respective
Himas/Elakas, and had advised the applicant to approach the PIOs of the
concerned Himas directly.
Disposing
of the matter at the admission stage, the Commission directed that the RTI
application be transferred to all Himas concerned so that the relevant Hima
furnishes the information within 30 days from receipt.
The
Commission has also sought a compliance report in this regard at the earliest.
Pragativadi: Chandigarh: Friday, September 18, 2026.
Faster
Justice, Zero Delay: How Odisha Reduced RTI Pendency Through Summary Trials
Odisha’s
pioneering efforts to streamline the Right to Information (RTI) process and
eliminate case backlogs took center stage at the National Conference of State
Chief Information Commissioners held in Hyderabad.
Representing
the state, Odisha Chief Information Commissioner (CIC) Manoj Parida detailed
how the Odisha Information Commission successfully reduced its case pendency.
By
adopting summary trials and curbing frequent, unnecessary adjournments, Odisha
has created a faster, more accountable mechanism for citizens seeking
information.
Inaugurated
by Telangana Governor Shiv Pratap Shukla and presided over by the Central
Information Commissioner, the national summit convened transparency chiefs to
address key RTI implementation challenges across India.
Key
Takeaways & National Agenda
- Odisha’s
Efficiency Blueprint: CIC Manoj Parida explained that summary
proceedings have significantly accelerated appeal disposals, offering a
potential model for other states struggling with high case backlogs.
- Rule
Revisions in Other States: The Chief Information Commissioner of
Maharashtra shared recent state amendments that restrict RTI applications
to a single subject and a maximum limit of 150 words.
- Focus on
Suo Motu Disclosures: Central Information Commissioners urged state
governments to mandate proactively uploading information on public
websites, reducing the need for citizens to file formal applications.
- Preventing
Misuse: Delegates highlighted strategies to prevent vested interests from
misusing the law while safeguarding its core intent as a tool for common
citizens.
- Impact of
Data Protection Law: Participants analyzed the operational overlap
between the new Personal Data Protection legislation and the RTI Act,
stressing the need for grassroots training for lower-level officials.
The
conference concluded with a call for state governments to equip Information
Commissions with adequate staff and infrastructure, ensuring the RTI Act
remains a fast, effective, and citizen-friendly mechanism nationwide.
Hindustan Times: Chandigarh: Friday, September 18, 2026.
State
information commissioner Harpreet Sandhu imposed the penalties under Section
20(1) of the Right to Information Act, 2005, on Khushdil Singh, then
RTO-cum-PIO, RTO, Amritsar, and Mandeep Singh Sohi, ATO-cum-PIO, RTO Amritsar,
in appeal case of 2024
The
Punjab State Information Commission has imposed a ₹5,000 penalty each on two
public information officers (PIOs) of the regional transport office (RTO),
Amritsar, for repeatedly failing to comply with the commission’s directions and
remaining absent from five consecutive appeal hearings.
State
information commissioner Harpreet Sandhu imposed the penalties under Section
20(1) of the Right to Information Act, 2005, on Khushdil Singh, then
RTO-cum-PIO, RTO, Amritsar, and Mandeep Singh Sohi, ATO-cum-PIO, RTO Amritsar,
in appeal case of 2024.
The
order came after the appellant informed the commission that the information
sought under the RTI Act had still not been furnished despite repeated
hearings. During the proceedings, the departmental representative appearing on
behalf of the PIOs was also unable to satisfactorily explain the status of the
pending information or respond to the commission’s queries.
The
commission observed that the two officials remained absent during five hearings
held between August 2025 and May 2026. It also noted that a show-cause notice
under Section 20(1) had already been issued on December 9, 2025, but the
commission’s directions were not complied with.
Reiterating
that timely compliance with the RTI Act and the commission’s orders is a
statutory responsibility of public information officers, Sandhu observed that
repeated disregard of such directions could invite appropriate legal
consequences.
The
commission directed that the penalties be recovered directly from the salaries
of the two officials and deposited in the state treasury. The drawing and
disbursing officer, RTO Amritsar, has been directed to recover the penalty from
Mandeep Singh Sohi, while the secretary, personnel (PCS branch), Punjab
government, has been instructed to deduct the penalty from Khushdil Singh’s
salary. Singh is presently serving as deputy excise commissioner, Patiala.
Both
authorities have also been directed to submit compliance reports to the
commission.
The
matter has been adjourned to October 16.
Live Law: Ahmedabad: Thursday, 17th September
2026.
गुजरात यूनिवर्सिटी ने बुधवार (16 सितंबर) को गुजरात हाईकोर्ट से आम आदमी पार्टी (AAP) के प्रमुख अरविंद केजरीवाल
पर हर्जाना लगाने की मांग की। केजरीवाल ने सेंट्रल इन्फॉर्मेशन कमीशन (CIC) के उस आदेश को रद्द करने के
फैसले को चुनौती देते हुए अपील की थी, जिसमें प्रधानमंत्री नरेंद्र मोदी की डिग्री से जुड़ी जानकारी सार्वजनिक करने
का निर्देश दिया गया था।
यूनिवर्सिटी की ओर से चीफ जस्टिस सुनीता अग्रवाल और जस्टिस डीएन रे की डिवीजन बेंच के सामने पेश होते
हुए सॉलिसिटर जनरल तुषार मेहता ने कहा कि हर्जाना लगाया जाना चाहिए ताकि यह
सुनिश्चित हो सके कि RTI एक्ट का गलत इस्तेमाल न हो और सरकारी अधिकारियों को ऐसे अनुरोधों से निपटने
में अपने काम के कीमती घंटे बर्बाद न करने पड़ें, जिनका एक्ट के मकसद से कोई लेना-देना नहीं है।
बेंच केजरीवाल की उस अपील पर सुनवाई कर रही है, जो मार्च 2023 के एक सिंगल जज के फैसले के खिलाफ है। उस फैसले में CIC के 2016 के निर्देश को रद्द कर दिया
गया, जिसमें गुजरात यूनिवर्सिटी को प्रधानमंत्री नरेंद्र मोदी के नाम पर जारी
डिग्री से जुड़ी जानकारी देने के लिए कहा गया।
सिंगल जज ने माना था कि प्रधानमंत्री की एजुकेशनल डिग्री से जुड़ी जानकारी RTI Act की धारा 8(1)(e) और 8(1)(j) के तहत सार्वजनिक करने से
छूट प्राप्त है, क्योंकि इसे सार्वजनिक करने के लिए कोई बड़ा जनहित नहीं है। कोर्ट ने केजरीवाल
पर ₹25,000 का हर्जाना भी लगाया।
सॉलिसिटर जनरल ने CBSE और अन्य बनाम आदित्य बंदोपाध्याय और अन्य (2011) मामले में सुप्रीम
कोर्ट के फैसले का हवाला दिया। इस फैसले में RTI Act के तहत जानकारी के लिए बिना सोचे-समझे और अव्यावहारिक मांगें
करने के खिलाफ चेतावनी दी गई और कहा गया कि ऐसी मांगें सरकारी अधिकारियों के
संसाधनों को उत्पादक प्रशासनिक कार्यों से भटका सकती हैं।
फैसले का जिक्र करते हुए मेहता ने कहा,
"अपील पर मेरिट के आधार पर सुनवाई और फैसला हो सकता है। और हर्जाना भी लगाया जा
सकता है। ताकि RTI Act के तहत विधायिका के नेक मकसद और इरादे का गलत
इस्तेमाल या दुरुपयोग न हो और अधिकारी अपना समय बेकार के कामों में बर्बाद न
करें... यहां जनहित क्या है? मान लीजिए किसी खास पद के लिए फिजिक्स में डॉक्टरेट जरूरी योग्यता है और कोई
यह मुद्दा उठाता है कि वह व्यक्ति सार्वजनिक पद पर है लेकिन उसके पास PhD की डिग्री नहीं है।
इसलिए मैं यूनिवर्सिटी से जानकारी मांग रहा हूं, तो यह जनहित होगा, क्योंकि उस पद पर बने
रहना उस डिग्री पर निर्भर करता है। RTI सिर्फ़ उत्सुकता रखने वालों के लिए बनाया गया
कानून नहीं है।"
शुरुआत में SG ने कहा कि यह मामला यूनिवर्सिटी से पास हुए छात्रों की डिग्री से जुड़ा है और
यह देखना है कि क्या यह RTI Act की धारा 8(1)(e) और (j) के तहत छूट के दायरे में आता है।
SG ने कहा,
"सवाल जिस डिग्री का है, वह एक संवैधानिक पद पर बैठे व्यक्ति की है। यूनिवर्सिटी को इस मामले में
डिग्री बताने या ज़ाहिर करने में कोई आपत्ति नहीं हो सकती। लेकिन यूनिवर्सिटी
सैद्धांतिक तौर पर इसका विरोध कर रही है क्योंकि हमने लाखों छात्रों को डिग्री दी
है और इसलिए इस कानून को स्पष्ट करने की ज़रूरत है..."
SG मेहता ने 'फिड्यूशरी रिलेशनशिप' (भरोसे का रिश्ता) की
अवधारणा पर सुप्रीम कोर्ट के फैसलों का ज़िक्र किया, जिसका ज़िक्र धारा 8(1)(e) में है। इसके अनुसार, किसी व्यक्ति को भरोसे के
रिश्ते में मिली जानकारी का खुलासा करने की ज़रूरत नहीं है, जब तक कि सक्षम अधिकारी इस
बात से संतुष्ट न हो कि व्यापक जनहित में ऐसी जानकारी का खुलासा करना ज़रूरी है।
इस चरण पर कोर्ट ने मौखिक रूप से कहा,
"हमारा मानना है कि कोई RTI आवेदन था ही नहीं। जानकारी मांगने के लिए कोई
आगे नहीं आया।"
इस पर SG ने कहा कि कोर्ट सही कह रहा है और कोई आवेदन नहीं किया गया।
उन्होंने बताया कि कार्यवाही केजरीवाल से जुड़ी जानकारी के लिए एक अलग अनुरोध
से शुरू हुई, जिसके बाद केजरीवाल ने प्रधानमंत्री की डिग्री से जुड़ी जानकारी मांगते हुए
जवाब दिया।
बता दें, दूसरी अपील में CIC ने केजरीवाल के जवाब को नागरिक के तौर पर RTI आवेदन माना और जानकारी ज़ाहिर करने का आदेश दिया
(जिसे बाद में रद्द कर दिया गया)।
इसके बाद कोर्ट ने मौखिक रूप से कहा कि उसकी समझ के अनुसार, ऐसा आदेश पारित करने का
पहला कदम ही अधिकार क्षेत्र से बाहर है।
कोर्ट ने आगे मौखिक रूप से कहा,
"अगर कोई आवेदन नहीं है तो जानकारी ज़ाहिर करने का सवाल ही नहीं उठता, हमारी समझ के
अनुसार... RTI की एक प्रक्रिया है। किसी को आवेदन दाखिल करना होता है। सही जानकारी देनी होती
है कि वह क्या जानकारी मांग रहा है। तभी आवेदन पर कार्रवाई हो सकती है। आवेदन करने
और उस पर कार्रवाई करने की एक प्रक्रिया है।"
SG ने सहमति जताते हुए
कहा कि RTI Act अपने आप में एक पूर्ण कानून है और इसे नज़रअंदाज़ नहीं किया जा सकता। उन्होंने
कहा कि न तो यूनिवर्सिटी और न ही वह व्यक्ति जिसकी जानकारी मांगी गई, इस मामले में पक्षकार थे।
इसके बाद कोर्ट ने मौखिक रूप से टिप्पणी की कि एक्ट के तहत प्रक्रिया का सख्ती
से पालन किया जाना चाहिए, जिसमें अधिकारी को धारा 8 के तहत छूट पर विचार करना होगा और जिस व्यक्ति की जानकारी दी जा रही है, उसे अपील का अधिकार होगा; यहाँ वह अधिकार भी छीन लिया
गया।
कोर्ट ने मौखिक रूप से कहा,
"नहीं तो इस कानून का गलत इस्तेमाल होगा।"
अब यह मामला 21 सितंबर को दोपहर 2:30 बजे केजरीवाल के जवाब (rejoinder submissions) के लिए लिस्ट किया गया।
Case title: ARVIND
KEJRIWAL v/s GUJARAT UNIVERSITY & ORS.
Ahmedabad Mirror: Ahmedabad: Thursday, 17th
September 2026.
He had challenged order
quashing CIC order to disclose Narendra Modi’s degree details
Solicitor General of India
Tushar Mehta, on behalf of Gujarat University, urged the Gujarat High Court to
impose costs on Aam Aadmi Party chief Arvind Kejriwal on Wednesday. Kejriwal
has filed an appeal challenging the quashing of a Central Information Commission
(CIC) order directing disclosure of information concerning Prime Minister
Narendra Modi’s degree. The matter is now listed for Kejriwal’s rejoinder
submissions on September 21.
Appearing for the
University before a Division Bench of Chief Justice Sunita Agarwal and Justice
DN Ray, Mehta submitted that costs should be imposed to ensure that the RTI Act
is not misused and government officials are not made to spend productive working
hours dealing with requests that do not serve the Act’s purpose.
“The appeal may be heard
and decided on merits. And costs may be imposed. So that the very noble purpose
and intent of the legislature under the RTI Act is not abused or misused and
the authorities do not waste their time on unproductive work,” Mehta argued.
“What is public interest here? Suppose for holding a particular post, a
doctorate in physics is an essential eligibility criterion and someone raises
an issue that he is holding a public post and not having a PhD and therefore
I’m seeking information from the University, then that would be public Interest
as his being on the post depends on that degree. RTI is not an enactment for
curiosity seekers,” he argued.
The Bench is hearing
Kejriwal’s appeal against the single judge’s verdict which quashed the CIC’s
2016 direction to Gujarat University to provide information concerning degrees
in the name of Prime Minister Narendra Modi.
Bar and Bench: New Delhi: Thursday, 17th
September 2026.
The CPIO had submitted
that the evaluation process was confidential and held in a fiduciary capacity.
The Central Information
Commission (CIC) has directed the Delhi University (DU) Central Public
Information Officer (CPIO) to justify why records on how the Faculty of Law
evaluates semester exam answer scripts were withheld. [Rishabh
Mishra v, The CPIO, University of Delhi]
Responding to the CPIO's
argument that many of the appellant's queries were really seeking
clarifications or opinions rather than facts, Information Commissioner Sudha
Rani Relangi held that a CPIO cannot be compelled to answer for
reasoning that isn't on record.
"The CPIO is not
required to create information, give an opinion, interpret records, or furnish
explanations which are not available on the record," the Commission said.
However, it clarified that
existing records such as marking schemes, written instructions to examiners,
notices, circulars and guidelines do constitute information under Section 2(f)
of the Right to Information (RTI) Act, subject to exemptions under Section 8 or
Section 9.
The CPIO had submitted
that the evaluation process was confidential and held in a fiduciary capacity.
The Commission held that
the mere description of information as 'confidential' does not, by itself,
constitute a valid ground for denial under the RTI Act. It added that any
denial must be traceable to a specific exemption under Section 8 or Section 9,
and that the fiduciary exemption under Section 8(1)(e) cannot be invoked
mechanically without the university establishing that relationship for the
particular information sought.
The order came on a second
appeal under the RTI Act filed by one Rishabh Mishra. His application sought
the marking scheme, examiner training records, safeguards to keep evaluators
from knowing students' identities, quality checks on the evaluation process and
details of any digital evaluation used for the Faculty of Law's three-year LLB
semester exams.
The CPIO forwarded the
query to the Joint Registrar (Examinations) and told Mishra that a response
from that office was still awaited. Dissatisfied, Mishra filed a first appeal.
The First Appellate Authority directed the University to respond to him directly
within two weeks. When the University did not comply, Mishra filed a second
appeal with the CIC.
The Commission found that
the CPIO had substantially complied with the First Appellate Authority's order
but had not adequately linked the confidentiality claim to any specific
exemption.
It directed the CPIO to
file a signed statement identifying each withheld item, the exact provision
relied upon and where Section 8(1)(e) is claimed, the fiduciary relationship
involved. The CPIO must also say whether any non-exempt portions of the withheld
records can be separated and disclosed, as allowed under Section 10 of the Act.
It has two weeks to comply.
[Read Order]
IFF: New Delhi: Thursday, 17th September 2026.
In July 2026, mobile
internet around Jantar Mantar was suspended under written orders from the
Ministry of Home Affairs. Voice calls failed too, and no published order
covered them.
Between 20 June and 25
July 2026 the sit-in at Jantar Mantar. On 20 July, the day of the Sansad Chalo
march, and on 22 July, the day of the clashes at Tolstoy Marg and Sansad Marg,
mobile networks in central Delhi went dark. The Ministry of Home Affairs ("MHA")
issued six orders under Section 20(2)(b) of the Telecommunications Act, 2023
suspending mobile internet within roughly 1.5 kilometres of the site. People
nevertheless walked two kilometres to make a voice call, and press reports
attributed to police officials the statement that portable jammers were
switched on to limit coordination among protesters and to reduce live streams
of police action. No statute gives the Delhi Police a power to jam
telecommunication. Section 48 of the 2023 Act makes possessing or using such
equipment a crime unless the Central Government permits it, for a specific
purpose. The only guidelines that exist, issued by the Cabinet Secretariat in
2023, cover VVIP security against radio-controlled bombs and low-powered
jammers in examination halls. Nothing covers crowd control. On 8 September 2026
we filed three RTI applications with the Delhi Police, on the equipment it
holds and the rules for its use on what was deployed at Jantar Mantar and on
whose order; and on the record behind its statement of 8 September that no
jammers were used at the Satya Niketan rescue site. We will publish every
reply, and every silence.
Background
For the Jantar Mantar
began on 20 June 2026 we have already documented the
two Delhi Police vehicles parked at the protest running live facial recognition
on the crowd, and the list
of 2,873 "criminal antecedents" that system produced. This
post is about another tool that effects digital rights at same site that made
the phones stop working.
On 20 July 2026, the day
of the Sansad Chalo march, disruption was reported from about 10.30 am.
Subscribers received a message from Airtel that internet services in the area
had been stopped on government instructions. That message is the trace of a written
order. The MHA issued six
orders between 17 and 23 July 2026, dated 17, 20, 22 and 23 July, under Section
20(2)(b) of the Telecommunications Act, 2023 and the Telecommunications
(Temporary Suspension of Services) Rules, 2024, suspending mobile internet
within approximately 1.5 kilometres of Jantar Mantar. But the orders as made
available suspended data but they did not suspend voice or SMS. Yet The
Wire reported that
people at the site walked nearly two kilometres to make calls. On 22 July, the
day tear gas was used and injured police officers were taken to Dr Ram Manohar
Lohia Hospital, reports attributed to police the statement that jammers were
activated as the clashes began. A technology outlet, attributing the reasoning
to officials, reported that portable jammers were placed to limit real-time
coordination among protesters and to reduce the chance of live streams of
police action.
The Delhi Police has not,
in any published document, confirmed or denied that it used jammers at Jantar
Mantar. Its fact-checks during those weeks addressed other claims. The
allegation has since recurred for an anti-reservation demonstration at the same
site on 21 August 2026, protesters again said jammers had been deployed, a
claim that could not be verified.
Subsequently on 6
September 2026 a multi-storey building collapsed at Satya Niketan, killing
seven young people. Within hours, social media filled with claims that jammers
had been installed at the rescue site to suppress information. On 8 September
the Delhi Police posted an emphatic denial on X that no jammers were used and
networks were fully operational with police, NDRF and fire teams coordinating
by mobile, media and citizens broadcasting live. We have no reason to doubt it
since jamming at a disaster site would obstruct rescue coordination and engage
duties under the Disaster Management Act, 2005. But the denial has a legal
consequence and we need to hence establish the authority and statute from which
jamming equipment is being used by the Delhi Police, which is distinct from an
internet shutdown or a network suspension. Here, the two mechanisms produce a
similar result and are governed very differently.
A suspension order under
Section 20(2)(b) is a written direction to a licensed telecom service provider
to withhold a specified service, in a specified area, for a specified period.
It can be confined to mobile data and leave voice and SMS running. Under the
Suspension Rules, 2024 it must be issued by the Union or State Home Secretary,
state reasons, be published, be capped at fifteen days, and be placed within
twenty-four hours before a review committee that meets within five days and can
set it aside. Rule 3(4) permits an order only after the competent authority has
evaluated whether the objective can be achieved by other reasonable means. The
service provider knows of the order. Subscribers receive a message, as they did
on 20 July. Nothing is switched off at the network; the network is told to
withhold. For Delhi, where police and public order are Union subjects under
Article 239AA(3)(a), the competent authority is the Union Home Secretary, which
is why the July orders came from the MHA.
A jammer is a radio
transmitter. The Cabinet Secretariat's own definition, at paragraph 1(a) of its
Jammer Guidelines 2023, is a transmitter designed to block all radio receivers
within its range on the frequency bands it covers. A cellular jammer radiates
on the bands assigned to the service providers so that every handset within its
radius stops hearing the base station. The effect is indiscriminate and covers
voice, SMS and data, and depending on the bands, Wi-Fi and GPS, for every
device, whether it belongs to a protester, a resident, a shopkeeper, a
journalist, a patient or a police officer not on a separate radio net. Prima
facia on our analysis there is no order to produce, no service
provider to inform, no message to subscribers, no committee, no time limit and
no paper trail unless the police choose to keep one.
Analysis
Now let us look at what is
the governing legality around jamming equipment. The only provision in force
directly applicable to jammers is Section 48 of the Telecommunications Act,
2023, effective from 5 July 2024. It provides that no person shall possess or
use any equipment that blocks telecommunication unless permitted by the Central
Government, or by an authority the Central Government has authorised for a
specific purpose. Contravention is an offence under Section 42(3)(a),
punishable with imprisonment up to three years, a fine up to fifty lakh rupees,
or both. The Act binds the State, as a "person" under Section 2(j)
includes any body of individuals, and the rule that the Crown is not bound
unless named has never applied in India (Union of India v. Jubbi, AIR
1968 SC 360). There is no exemption for police. Section 48 removes the criminal
consequence of possession and use for a permitted person. It does not confer on
that person a power to interfere with the communications of others. Further,
the permission is purpose-specific with the words "for specific
purpose" qualifying the authorisation.
The only administrative
framework is the Cabinet Secretariat's Jammer
Guidelines 2023 (No. 11/11/2022-SS, Office of the Secretary
(Security)). They govern jammers for VVIP and VIP security against
radio-controlled improvised explosive devices ("RCIEDs") and
low-powered jammers for examination halls. Counter-drone and prison jammers are
routed to the MHA under its office memorandum of 10 March 2023. Paragraph 3(c)
permits Central Ministries, State and UT administrations, defence forces and
CAPFs to use jammers only from Bharat Electronics Limited and the Electronics
Corporation of India Limited, and only for the specific purpose for which
permission was granted. Paragraph 3(g) requires that information on the
deployment of all RF jamming solutions be maintained and shared with the
Secretary (Security), the SPG and the IB. Paragraph 4(l) requires that any
jammer near an SPG protectee be deployed in consultation with the SPG. The
application proforma at Annexure I(A) is designed entirely
around a threat perception to a VIP. The guidelines do not mention law and
order, protest, assembly or crowd control. They say nothing about duration,
radius, public notice, hospitals or emergency calls. They are not made under
any statutory rule-making power and are not published in the Gazette.
Further, Chapter IV of the
Delhi Police Act, 1978 holds the force's public order powers. Specifically
under Section 28 it can issue regulations for order in public places, Section
30(3) on prohibiting assemblies for a limited period, Section 31 on arrangements
at places of public assembly, Section 33 on orders for the prevention of riot.
None authorises interference with telecommunication or the operation of a radio
transmitter. Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023
permits orders directed at persons in urgent cases of apprehended danger. It
cannot direct a service provider and it cannot authorise jamming. In Anuradha
Bhasin v. Union of India, (2020) 3 SCC 637, the Supreme Court held that
telecommunication may be suspended only under the suspension rules and that
Section 144 CrPC was not a substitute. The same reasoning excludes Section 163
BNSS.
What follows from this
legal analysis is that we can assume the Delhi Police holds jammers procured
from BEL or ECIL with the approval of the Secretary (Security). That satisfies
Section 48 for possession. However, such procurement says nothing about the
lawfulness of switching the device on at a public assembly. As an analogy, a
licence to hold a firearm is not authority to fire it. In PUCL v. Union
of India, (1997) 1 SCC 301, the Supreme Court treated even an express
statutory power to intercept communications as one that could be exercised
against citizens only with procedural safeguards, and read them in. Section 48
does not purport to be a power at all. There is no statute that says when,
where, for how long and on whose authority a police force may jam the public's
communications.
If the permission the
Delhi Police holds is for protectee security against RCIEDs, deployment at a
protest for crowd control is used outside that permission, and on the terms of
Section 42(3)(a), is used without authorisation. While we anticipate that the
Government may reason that Parliament House and SPG protectees were in the
vicinity during the Monsoon Session. That is an argument to be met on the
record in response to our RTIs, not conceded. An RCIED jammer accompanies a
protectee or a convoy and moves with it. A jammer parked at a protest site for
the duration of a march is a different deployment with a different object. If
the justification is protectee security, then the permission, the threat
assessment and the SPG consultation required by paragraph 4(l) will all exist,
and they can be produced. Hence, we have filed RTIs.
We have taken this action
to check on the proliferation of jamming equipment that may be used as a
circumvention of the nominal legality and safeguards for internet shutdowns.
Just in the Jantar Mantar protests the use of jamming resulted in the limitation
on the following legal activities:
- Live Streaming :
Preventing citizens from recording and transmitting police conduct in a
public place is not a legitimate aim and it inverts the logic on which the
Supreme Court mandated CCTV in police stations in Paramvir Singh
Saini v. Baljit Singh, (2021) 1 SCC 184, that recording police conduct
protects rights.Given that a data-only suspension order was already in
force, a barrage jammer that additionally cut voice and SMS for
every resident, patient, shopkeeper and reporter in the radius cannot be
the least restrictive measure when a less restrictive one was operating at
the same time.
- Hospitals and 112 : A
jammer prevents calls to 112. Dr Ram Manohar Lohia Hospital and Lady
Hardinge Medical College both lie within two kilometres of Jantar Mantar.
RML received the injured police officers on 22 July. The right to
emergency medical care is part of Article 21 (Paschim Banga Khet
Mazdoor Samity v. State of West Bengal, (1996) 4 SCC 37). A measure
that severs the public's means of summoning that care, without notice,
engages the right directly, and where harm results, public law
compensation follows (Nilabati Behera v. State of Orissa, (1993) 2
SCC 746).
The denial of 8 September
demonstrates that the Delhi Police treats the fact of jammer deployment, or
non-deployment, at a given site on a given day as something it can verify and
publish within two days. Paragraph 3(g) of the guidelines requires deployment
records to be maintained and shared; records therefore exist by design. Anuradha
Bhasin requires that orders restricting communication be published so
that affected persons can challenge them. Sections 4(1)(c) and (d) of the RTI
Act require a public authority to publish relevant facts and reasons for
decisions affecting the public. A force that can deny a deployment within
forty-eight hours cannot credibly claim, under Section 8(1)(a) of the RTI Act,
that the fact of a deployment six weeks earlier is a secret. The prompt
statement on Satya Niketan, set against the silence on Jantar Mantar, is itself
material.
Action
On 8 September 2026 we
filed three applications under Section 6(1) of the Right to Information Act,
2005 with the Public Information Officer, Police Headquarters, Delhi Police.
Each defines "jamming equipment" to include vehicle-mounted, portable,
manpack and static jammers, anti-drone systems with jamming capability and
harmonious call blocking systems, whether owned, leased, hired or borrowed, so
that no category can be read out of the request.
- On the equipment and
the rules (Registration
No. DEPOL/R/E/26/10072): The number, type, make, model, frequency
bands and custodian of every unit the Delhi Police holds; the sanction
orders and contracts with BEL and ECIL; every permission from the MHA, the
Cabinet Secretariat or the Department of Telecommunications, including
under Section 48 and the 2023 guidelines; every standing order or SOP
governing deployment, the officers competent to authorise it, and limits
on duration, radius and power; whether a deployment register is kept, and
if so its format and a year-wise count of deployments since 2023 broken
down by purpose (protectee security, public events, law and order or
protest management, counter-drone, examinations); expenditure by financial
year; any assessment of the effect on 112, hospitals and the public; correspondence
with the DoT, TRAI and service providers; and seizures of unauthorised
jammers and FIRs registered. Where no SOP exists, the application asks the
force to say so.
- On Jantar Mantar, 20
June to 25 July 2026 (Registration
No. DEPOL/R/E/26/10074): Whether any jamming equipment was deployed,
activated or kept on standby at Jantar Mantar or within two kilometres of
it, and for each deployment the time of activation and deactivation,
location, model, bands, radius, unit and authorising officer; specifically
for 20 and 22 July; certified copies of every order, requisition,
deployment plan, wireless message and file noting; the register entries
for the period; the threat assessment stating the purpose; any intimation
to the DoT, service providers, the Lieutenant Governor, the MHA, emergency
services, RML Hospital or Lady Hardinge; whether the Delhi Police sought
or obtained any order under Section 20(2)(b) or the 2024 Rules, or made
any request to a service provider to suspend or degrade services, with
copies and the reasons recorded; any Section 163 BNSS order referring to
mobile services, live streaming or jamming; whether any officer told the
press on 22 or 23 July that jammers were activated, and the record of that
statement; and the complaints received about loss of connectivity and the
replies sent.
- On Satya Niketan, 6
to 8 September 2026 (Registration
No. DEPOL/R/E/26/10077): Whether any jamming equipment was deployed or
present at or within two kilometres of the collapse site; the file,
notings, verification reports and correspondence on which the X post of 8
September 2026 was prepared and approved, including who verified the
position at the site and any confirmation of network status obtained from
a service provider or the DoT; complaints received about connectivity at
the site; and the designation of the officer who approves fact-check posts
on the Delhi Police's official accounts, with the SOP governing them.
Alongside these RTIs we
will in the coming months taking up advocacy around the following policy
reforms and writing to public authorities for the following actions:
- The Cabinet
Secretariat should clarify, in writing, that the Jammer Guidelines 2023 do
not authorise deployment for law and order, protest management or crowd
control, and the Wireless Planning and Coordination Wing of the Department
of Telecommunications should treat any such deployment as unauthorised use
under paragraph 3(f).
- The Department of
Telecommunications should amend the Telecommunications (Temporary
Suspension of Services) Rules, 2024 to state expressly that no
telecommunication service may be blocked or degraded by any means,
including radio-frequency jamming, other than under a written order under
Section 20(2)(b).
- Pending legislation,
no jammer should be switched on against a public assembly without a
written authorisation by a named senior officer stating a purpose within
Article 19(2) or 19(3), a defined radius and duration, prior intimation to
hospitals and emergency services within the radius, a technical
requirement to preserve emergency calls where feasible, a contemporaneous
log, and post facto review.
- Parliament must
legislate. Every comparable democracy that permits the State to jam
communications does so by statute, for named purposes, with a regulator
informed. India should not be governed on this question by a procurement
circular.
Transparency work of this
kind is slow and depends entirely on our members. If you believe that attending
a protest should not cut you off from a hospital, become
an IFF member and help us see this through.
Important documents
- RTI application on
jamming equipment held by the Delhi Police and the rules governing its
deployment, dated 8 September 2026, Registration No. DEPOL/R/E/26/10072 [Link]
- RTI application on
the deployment of jamming equipment and disruption of mobile services at
Jantar Mantar, 20 June to 25 July 2026, dated 8 September 2026,
Registration No. DEPOL/R/E/26/10074 [Link]
- RTI application on
jamming equipment at the Satya Niketan collapse site and the basis for the
Delhi Police statement of 8 September 2026, dated 8 September 2026,
Registration No.DEPOL/R/E/26/10077 [Link]
- Cabinet Secretariat,
Jammer Guidelines 2023, No. 11/11/2022-SS [Link]
- Delhi Police Act,
1978 [Link]
- FCC Enforcement
Advisory 2014-05 on jammers and state and local law enforcement [Link]