Right Now: Nagpur: Monday,
7 October 2024.
An individual shown as
absconding by City Police in ongoing criminal cases seems to be milking the
Right to Information (RTI) systematically, albeit with all help from
‘scrupulous’ babudom, to harass the citizens at large. Taking a dig at abuse of
RTI, State Information Commission (SIC) has directed the cops in Nagpur,
Amravati and Aurangabad divisions to take stringent action against such
individuals for misuse of RTI Act. The case pertains to individual, Pramod
Bhagchandani, a resident of Jaripatka, who has allegedly weaponised the RTI as
in just two months, he sought information in over 200 cases, majority of them
pertaining to alleged illegal constructions. Rahul Pande, State Information
Commissioner, Nagpur Bench, with additional charge of Amravati and Aurangabad,
pointed out that clear orders were already issued to Commissioners of Police
and Superintendents of Police at the respective three places to crackdown on
elements misusing the RTI. He reiterated earlier directives, asking police
department to uphold sanctity of RTI as the same is meant to ensure
transparency in functioning of Government Departments.
The SIC observation came on hearing of second appeal filed by Shankar Gulani, a resident of Jaripatka, against Nagpur Municipal Corporation (NMC) officials who failed to provide information sought under RTI against Pramod Bhagchandani. Gulani filed RTI with Mangalwari Zone in year 2021, seeking to know how many complaints were filed by Bhagchandani about illegal building constructions. SIC, in the order, mentioned the six FIRs so far were registered against Bhagchandani, including one at Rana Pratap Nagar Police Station. The information was shared during appeal by Gulani, and one of the FIRs mentioned that Bhagchandani was allegedly trying to blackmail an institution after securing information under RTI. Bhagchandani filed RTI applications under ‘We the People,’ a NGO, and majority of applications are about illegal constructions by individuals and firms.
Further, SIC also directed public institutions, Nagpur Municipal Corporation and Nagpur Improvement Trust that they should upload information sought and one shared under RTI on their website on regular basis. Care should be taken that identity of applicant should be masked. The institutions should voluntarily share maximum information on their websites, in fact a special thread can be created for RTI information, said Pande using powers under sec. 19 (8) (c) and (3) of RTI Rules 2005. Similarly, SIC also directed NMC to provide all information sought by Gulani, as to complaints filed by Bhagchandani, and corresponding action taken by the authority. Pande also noted that SIC has not been empowered to directed authorities to register offence against individuals who are misusing RTI, for purpose of blackmailing and causing unnecessary trouble to people at large. However, turning a blind eye to gross misuse of the RTI provisions would be akin to promoting the vested interest of activists. At the same time, SIC also referred to General Administration Department (GAD), Maharashtra Government, order dated 17/10/2014 which referred to Supreme Court direction in Canara Bank Vs C S Shyam and Girish Ramchandra Deshpande Vs Central Information Commission, ‘saying that any information that is related to individual and whose revelation is not going to serve any public interest, should not be disclosed’.
The SIC observation came on hearing of second appeal filed by Shankar Gulani, a resident of Jaripatka, against Nagpur Municipal Corporation (NMC) officials who failed to provide information sought under RTI against Pramod Bhagchandani. Gulani filed RTI with Mangalwari Zone in year 2021, seeking to know how many complaints were filed by Bhagchandani about illegal building constructions. SIC, in the order, mentioned the six FIRs so far were registered against Bhagchandani, including one at Rana Pratap Nagar Police Station. The information was shared during appeal by Gulani, and one of the FIRs mentioned that Bhagchandani was allegedly trying to blackmail an institution after securing information under RTI. Bhagchandani filed RTI applications under ‘We the People,’ a NGO, and majority of applications are about illegal constructions by individuals and firms.
Further, SIC also directed public institutions, Nagpur Municipal Corporation and Nagpur Improvement Trust that they should upload information sought and one shared under RTI on their website on regular basis. Care should be taken that identity of applicant should be masked. The institutions should voluntarily share maximum information on their websites, in fact a special thread can be created for RTI information, said Pande using powers under sec. 19 (8) (c) and (3) of RTI Rules 2005. Similarly, SIC also directed NMC to provide all information sought by Gulani, as to complaints filed by Bhagchandani, and corresponding action taken by the authority. Pande also noted that SIC has not been empowered to directed authorities to register offence against individuals who are misusing RTI, for purpose of blackmailing and causing unnecessary trouble to people at large. However, turning a blind eye to gross misuse of the RTI provisions would be akin to promoting the vested interest of activists. At the same time, SIC also referred to General Administration Department (GAD), Maharashtra Government, order dated 17/10/2014 which referred to Supreme Court direction in Canara Bank Vs C S Shyam and Girish Ramchandra Deshpande Vs Central Information Commission, ‘saying that any information that is related to individual and whose revelation is not going to serve any public interest, should not be disclosed’.
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