COUNTERVIEW: Ahmedabad: Saturday, February 25, 2017.
When a law
maker become law breaker, democracy is in danger. But when a law maker
instructs offices to break a law, the situation becomes even more dangerous. On
February 3, 2017, BJP MP from Navsari (Gujarat) CR Patil, wrote a letter to the
Surat Municipal Corporation (SMC) virtually instructing it not give information
to citizens under the Right to Information (RTI) Act, 2005.
The letter
alleges that “not only SMC but most of the public authorities are receiving
applications under RTI Act by frivolous applicants, blackmailers and money
extorters.” However, the letter does not give any data, reason or justification
that may form the base of the allegation.
Patil further
says that in the case of SMC most of the applications are related to “Illegal
constructions”, and after receiving information, citizens blackmail the
“illegal construction owners”, adding, they even give threats for demolition.
Again, he does not give the list of owners of illegal constructions who are
being threatened.
Patil
recommends that SMC should prepare a list of such users and should blacklist
them, and should instruct all offices not to give any information under the RTI
Act, 2005. He adds, his recommendation should be taken up at the coordination
committee or Sankalan Samiti meeting of SMC.
The letter,
written by Patil on February 2, was received by SMC in February 3, and was
marked to all head offices of SMC on the same day. It was also marked to the
Sankalan Samiti, which probably was on February 4, 2017, as per the noting on
the letter.
Mahiti
Adhikar Gujarat Pahel (MAGP), an organization of concerned citizen working to
spread RTI at the grassroots level, has strongly opposed the letter, as also
the culture/mindset of secrecy of the MP, and has made written representation
to the Lok Sabha speaker.
The
representation states that an MP takes oath to honour the constitution and laws
of the state and cannot outrightly instruct or recommend for violation of any
law passed by Parliament. It appeals to the Lok Sabha speaker to seek
explanation from CR Patil for the basis of such “unconstitutional” act by him.
MAGP founder
Harinesh Pandya says that Patil has “written his letter on his letter head and
he alleges that RTI users are frivolous, and clearly recommends blacklisting
and not providing any information under RTI.”
“Has he
submitted any data to the Lok Sabha and taken permission for writing such
recommendatory letter? The MP is officially admitting that he is dishonouring a
law passed by Parliament. He is accountable towards people, also towards the
Lok Sabha. He should be asked explain with data the rationale, reason and
justification for his unconstitutional act”, Pandya insists.
“Elected
representatives may give instructions to statutory bodies or bureaucracy on
people’s issues, but not for violating any law. If such cases repeat, it will
result into lawlessness. We have started a mass letter writing campaign
condemning this act to send a strong message that our elected representatives
cannot misuse the power given to them by people and go unchallenged. Our
campaign will continue till Patil withdraws his recommendation”, Pandya warns.
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