skip to main |
skip to sidebar
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]
The Daily Star: Bangladesh: Wednesday, 16th
September 2026.
For two years, citizens’
call to fill the vacant posts of the Information Commission of Bangladesh has
gone largely unheeded, leaving it unable to perform its essential statutory
role. A gazette notification issued on July 9 by the Ministry of Information
and Broadcasting confirmed the reconstitution of a selection committee to
recommend candidates for the posts of chief information commissioner and two
information commissioners and there has been news of a call for applications
from interested candidates by the committee subsequently but no further
developments have since been publicly reported. What happens to a legal right
when the very institution created to protect it can no longer perform its
essential function?
Over the past two years,
citizens have continued to seek information and press public authorities for
accountability, demonstrating both the resilience of the Right to Information
Act and the consequences of leaving citizens largely on their own to enforce a
right guaranteed by law. A review of RTI cases during this period reveals
citizens seeking information on hospitals, schools, roads, public expenditure,
social-security benefits, land administration, electricity, the environment,
and local government. They were not pursuing abstract notions of transparency,
but trying to solve problems affecting everyday life.
Citizens sought
information about absentee doctors, medicine allocations, procurement,
ambulance services, dialysis facilities, vaccination, and unauthorised charges.
At the Nilphamari Mother and Child Health Welfare Centre, RTI disclosure
reportedly exposed prolonged unauthorised absence of medical personnel,
affecting services to thousands of mothers and children. At the Nilphamari
250-bed Hospital, more than 50 RTI applications were reportedly ignored before
dialogue with officials helped secure information and service improvements. Or
consider public money. Citizens asked about government vehicles and fuel
expenditure, road budgets, contractor lists, work-completion certificates, and
procurement. In one case concerning trees around the Teesta canal, RTI
information showed that 342 government trees had been sold for Tk 24.7 lakh,
leading citizens to question their valuation.
The infrastructure cases
are particularly revealing. A road in Saidpur had remained problematic for
about a year. After an RTI application sought information about its budget and
completion, the work was reportedly completed within a day, although officials
did not supply the requested information. Elsewhere, RTI inquiries helped
restart an incomplete road and prompted official inspection of an unrepaired
bridge.
This illustrates one of
the most intriguing findings: sometimes the question itself produces an answer
in the form of action. RTI applications reportedly contributed to roads being
completed, a bridge being inspected, dengue-control measures being undertaken,
a waste bin being installed, dormant electricity infrastructure being
activated, a missing citizen charter being displayed, an ambulance being opened
for public use, and an unauthorised veterinary fee being withdrawn. The
prospect of having to explain an administrative failure sometimes seems enough
to make an authority act. That demonstrates RTI’s power, but also presents a
danger. We must not confuse action with accountability. If a road is repaired
after an RTI application but the authority does not disclose its budget,
contractor, or expenditure, the immediate problem may be solved, but the
citizen’s legal right remains unfulfilled. The RTI law was enacted not simply
to persuade government offices to act, but to establish a durable culture of
openness and accountability.
Another troubling
development is that some applicants reportedly faced verbal abuse, threats of
legal action, home visits, collection of personal information, political
labelling, and pressure to settle matters informally. Officials sometimes tried
to substitute telephone conversations or verbal explanations for written
responses. In one case, additional activists reportedly filed applications
collectively after an individual applicant faced pressure, apparently to
prevent him from being singled out. Such experiences strike at the philosophy
of the RTI Act. Asking a public authority how it has exercised public power or
spent public money is not an act of hostility, but an exercise of citizenship.
Social-protection cases
offer another important lesson. Citizens sought lists of recipients of old-age,
widow and maternity allowances, VGD rice, TCB cards, agricultural inputs and
other benefits. Their questions were elementary: Who is entitled? Who was
selected? Who received the benefit? Why was someone excluded? Without such
information, citizens cannot know whether scarce public resources are being
distributed fairly. Public authorities themselves are bound by the
RTI Act to disclose essential information proactively; however, a recent review
of some 37 ministries and nine divisions found that a majority of them have
failed to publish their latest annual reports on their websites, despite the
legal requirement, while some had never published one at all.
The experience, therefore,
presents a paradox. On the one hand, RTI has demonstrated considerable
grassroots strength. Citizens continued to file applications, appeal, organise
collectively, and demand answers. Even without an effective apex enforcement mechanism,
a single RTI application could sometimes expose administrative failure and
produce corrective action. On the other hand, that resilience risks concealing
the seriousness of the institutional vacuum. A statutory right should not
depend upon the persistence, courage, or collective strength of the person
exercising it. When an authority refuses information, the citizen must have
somewhere effective to go. That is precisely why the Information Commission
exists.
When that final link in
the enforcement chain is weakened, the burden shifts from the institution to
the citizen. People must repeatedly pursue officials, appeal, negotiate,
mobilise others and sometimes withstand intimidation simply to make a right
already guaranteed by law meaningful.
Bangladesh’s experience
during this institutional vacuum has therefore reaffirmed the importance of the
RTI Act. Citizens have demonstrated that they still believe in their right to
know. The state must now demonstrate the same commitment. A right to information
cannot remain indefinitely dependent on citizens’ determination to enforce it.
The right to know needs its guardian back. How much longer must citizens wait?
What can justify a two-year delay in appointing the Commissioners needed to
make the law fully enforceable?
It’s worth recalling that
Information Adviser Zahed Ur Rahman, while talking to journalists in Rangpur on
August 19, said that an “effective and independent” Information Commission
would be formed within a month. We hope that the government will honour that
pledge and demonstrate its commitment to the RTI Act by appointing the
commissioners without further delay. With the International Day for Universal
Access to Information approaching later this month, there could hardly be a
more appropriate way to mark the occasion, or a more convincing affirmation of
citizens’ right to know.
Dr Shamsul Bari and
Ruhi Naz are chairman and assistant director (RTI), respectively, at Research
Initiatives, Bangladesh (RIB). They can be reached at rib@citech-bd.com.
Views expressed in
this article are the author's own.