Sunday, September 21, 2014

Info commissioners in state too face ‘threat’, of a different kind

Indian Express: Pune: Sunday, 21 September 2014.
After information seekers, it is the information commissioners of Maharashtra who seem to be under “threat”, albeit of a less serious kind. While there has been no report of physical attack on any of the commissioners yet, verbal and written “threats” have been received by many, allegedly from disgruntled applicants who are not satisfied with the functioning of the commissioners. The “threats” are mainly about starting “indefinite hunger strikes” or launching protest demonstrations.
Of the six information commissionerates, such threats have increased mostly in Pune and Mumbai in the recent years. Pune commissionerate handles the applications filed under the Right to Information (RTI) Act from Pune, Satara, Sangli, Solapur and Kolhapur districts, while the Mumbai commissionerate is the office of the chief information commissioner of the state. Other than these, there are information commissioners working in the revenue divisions of Aurangabad, Nashik, Amravati, Nagpur and Konkan.
As per provisions of the RTI Act, the information commissioners hear second appeals filed by people who are aggrieved with the decision of the first appellate authority. Being a quasi judicial body, the information commissioner has the powers to fine and reprimand both public information officers and the first appellate authority.
Senior officers in the Pune information commissionerate said they received “threats” three or four times a month on an average. While a majority of the “threats” pertaining to launching indefinite hunger fasts, some disgruntled applicants also threaten to start an agitation against the commissioner. Recently, an applicant had threatened to “throw ink” on the commissioner. The office of the commissioner had notified the police about the threat.
“Often, people call the office and threaten to go on hunger strikes against the commissioner. During such calls, we tell them that they have to give in writing about their intent to the local police station, otherwise it would be illegal,” said a senior officer from the commissionerate who claims to have handled many such calls.
The Pune commissioner’s office had recently received a letter from an elderly applicant who said he would “make legal provisions so that after his death his son would be representing him in the pending second appeal case”. After his case came up for hearing, he took back his threats.
An analysis of such calls, according to officers, throws up some interesting points. To start with, such threats are made only by people who have made multiple appeals or are serial applicants. In many cases, the anger is directed against the commissioner when the applicant feels justice has not been delivered, especially when fines are not imposed on government officer.
Former chief information commissioner Shailesh Gandhi said he had faced such protests multiple times during his stint. “Once an aggrieved applicant stood outside my office with a small drum for half an hour and went on saying I was dishonest,” he said. Gandhi said such incidents were part and parcel of public life. “Yes, if such applicants hamper functioning of the office, police protection should be taken, otherwise they are best neglected,” he said.