कृषि निदेशालय में भ्रष्टाचार: RTI दस्तावेज न देने पर ₹ 1.5 लाख का जुर्माना

Janta Se Rishta: Kerala: Friday, 31 January 2025.

कृषि निदेशालय के वित्तीय विवरण में विस्तृत जानकारी प्राप्त की जा सकती है। सूचना का अधिकार अधिनियम के तहत रिकॉर्ड मांगे जाने के बावजूद भी रिकॉर्ड प्रस्तुत न करने वालों को डेढ़ लाख रुपए का नुकसान हुआ है। एक एसोसिएशन ने अधिकारियों के खिलाफ अनुशासनात्मक कार्रवाई की भी सिफारिश की। कृषि उत्पादन आयोग ने वित्तीय अनियमितताओं के संबंध में राज्य कोषागार निदेशक और मुख्य सचिव से भी रिपोर्ट प्रस्तुत करने की अपेक्षा की है। स्थानीय सूचना आयुक्त डॉ. ए. अब्दुल हकीम ने जवाब दिया। वर्ष 2018 में कृषि उत्पादन आयोग की सम्बद्ध संस्था 'समेति' को स्वीकृत 10 लाख रुपए की राशि शिवसेना मुर्गीघर का जंगल खाते में जमा किए गए रिफंड का विवरण मांगें। भूमि आयोग में अपील खारिज होने के बाद यह निर्णय लिया गया। मर्विन एस. जॉय और उनकी मां तिरुपुरम के मनावेली मिस्पा में किसान हैं। आयोग से वरिष्ठ अधिकारी एस. सुनीता ने संपर्क किया था। अधिकारियों ने आयोग को बताया कि ऐसी कोई रेखा नहीं है।
इसके बाद सूचना अधिकारी, अपीलीय अधिकारी, संभागीय मुख्यालय के लेखा अधिकारी, सतर्कता अधिकारी, कृषि निदेशक, कोषागार अधिकारी आदि आयोग के प्रतिभागियों को बुलाया गया और भाषण दिया गया। आयोग ने पाया कि नियमों का पालन किए बिना वित्तीय लेनदेन किया गया था। जिन लोगों ने गलत काम किया है, उनके खिलाफ कार्रवाई करने के बजाय कुछ लोगों ने हरजीकर के आरोप को गलत बताया कि उन्हें मारपीट कर नौकरी से निकाल दिया गया था। यह भी अनुमान लगाया गया कि संपत्ति मौजूद थी। एस। आयोग ने सुनीता को एक लाख रुपये का मुआवजा देने की भी सिफारिश की।

RTI Activist Claims Rs 100 Crore Bandra Plot Leased to Cricketer Ajinkya Rahane Without Tender: By: Devendra Shirurkar

Pune Times Mirror: Pune: Friday, 31 January 2025.
The plot has been leased for 30 years, with a premium of approximately Rs 5 crore and ground rent

The Maharashtra government has come under scrutiny for allegedly bypassing legal procedures to allocate a Rs 100 crore plot in Mumbai to cricketer Ajinkya Rahane without a tender process.
RTI activist Vijay Kumbhar claims that the reasons cited for this decision lack legal validity, rendering the entire transaction unlawful.
The plot, designated for an indoor cricket training centre, is currently valued at over Rs 100 crore. It was previously allotted to former cricketer Sunil Gavaskar for the same purpose. However, the government has now decided to reallocate it to Ajinkya Rahane without a tender process, Kumbhar told Pune Mirror.
The Gavaskar Foundation submitted a request to the government on April 5, 2022, to return the plot due to non-utilisation and failure to implement the lease agreement. In response, the government cancelled the allocation on June 23, 2022.
The state government has now decided to reallocate the plot to Rahane for establishing an indoor cricket training centre. Reports suggest that local representatives pushed for this move, believing Rahane would successfully develop the sports facility.
Kumbhar asked, “Is the state government suggesting that Gavaskar lacked the capacity to start an indoor cricket training centre, which Rahane now possesses? When the plot was given to Gavaskar, there was consent for 15 per cent construction on it. This has now been changed, allowing for construction as per the Mumbai Development Promotion Rules, 2034, thus permitting the cricket training and sports centre. Notably, this plot has been leased without any tender process, making it illegal.”
He said, “How can the cabinet make decisions to allocate public property by bypassing laws and trampling on rules? There is nothing wrong with giving land to sportspersons for sports training, but changing rules and bypassing laws in the manner decisions have been made is entirely improper. Does the cabinet consider itself the guardian or the owner of the state’s properties?”
Why it took 34 years?
“ In 1988 , MHADA gave a 2,000 square m e t r e p l o t worth crores at B a n d r a Reclamation, Mumbai, to Sunil Gavaskar for an indoor cricket training centre. It is not known what the rent was at that time. Ideally, a cricket training centre should have been set up on such a plot within a year. If not, the government would immediately take back possession of the plot. However, it took Gavaskar 34 years to realise that a cricket training centre could not be established on this plot, which is astonishing,” said Kumbhar.
Meanwhile, Rahane, who captains Mumbai Ranji team, declined to comment, saying, “Since the Ranji matches are ongoing, I cannot comment on this matter now. The academy has not yet started. I am not aware of the objections regarding this. I can speak on this only after gathering more information.”
Suspicious transactions
Such plots cannot be suddenly given to anyone. A proper tender process must be conducted. Before the code of conduct, the government takes such a decision and illegally transfers this Rs 100 crore plot. The reasons provided by the government for this decision are very flimsy. The plot is currently in bad condition, and slum dwellers are using it illegally.
Local representatives and cricketer Ajinkya Rahane demanded this plot for establishing a modern cricket training centre, and the government said it took this decision accordingly. The entire transaction for this plot is suspicious, and the documents have been manipulated to justify it, Kumbhar pointed out.

Indian Banks Recover 1.6% p.a. On 16.6 Lakh Crore Written Off Loan : RTI

MSN: Mumbai: Friday, 31 January 2025.

Indian banks have written off rupees 16.6 lakh crore loan beginning from March 2014 to September 2024 reveals a RTI report replied by the Reserve Bank of India (RBI). Recovering 16% by far in last decade on given 16.6 lakh crore rupees splits in 1.6% recovery p.a. states RTI sought by civil activist Praful Sarda.
Accordingly, the annual write-offs of all the banks together comprise Rs 1,21,000 crore (PSBs); Rs 44,665 crore (Private); Rs 602 crore (UCBs), totaling to Rs 1,66,267 crore so far – leaving a staggering Rs. 13,92,495 crore still pending recovery. A major part of the write-offs is due to ‘technical/prudential/Advances Under Collection’, but the banks retain the right to recover from the borrowers in all such cases.
From the NPAs write-off (Rs. 16,61,290 crore) the recoveries amounted to an annual average of Rs 21,654 crore (PSBs); and Rs 522 crore (Private), working out to barely 16.17% for the last 10 years. This gives a rough average of a measly 1.6% per year,” Prafful Sarda pointed out.
Write-offs peaked at ₹2.4 lakh crore in FY19 following an asset quality review. They dropped to ₹1.7 lakh crore in FY24, representing 1% of the total outstanding bank credit. Public sector banks hold a 51% share of new loans, down from 54% in FY23.
Recovery methods include legal action, debt recovery tribunals, and negotiated settlements. Despite these write-offs, public sector banks reported record profits of ₹1.41 lakh crore in FY24, and ₹85,520 crore in the first half of FY25. Their gross NPA ratio improved to 3.12% by September 2024.
“The government’s contention is that such write-offs are ‘purely balance sheet management’ strategy. Hence, the borrower’s liability to ‘repay’, or the bank’s right to ‘recover’ is not diminished in any manner. There are specialized teams which follow-up for the recovery processes thereafter,” said Sarda.
However, in the absence of a specific time-frame for the recoveries of the outstanding amounts, lakhs of crores of public funds are lost for all practical purposes, as the banks’ keep issuing rosy balance-sheets each year, the activist argued.
Sarda said as per a 30-year-old policy, all credit-related matters are deregulated with the concerned Banks and their respective Board of Directors, who decide about loan amount and recovery policy.
“In this scenario, will the Finance Minister Nirmala Sitharaman announce stricter norms to pin the accountability on the lenders, right from the managers to the Board of Directors - and in case of NPAs recover the lost amounts from the banks’ own executives for their lapses and poor judgement,” demanded Sarda.
Banking experts urged that the new RBI Governor Sanjay Malhotra should recommend to the government to tweak the relevant laws, make the bank officials or directors and/or external forces who pressurize the banks, responsible and punishable for their actions.
This can prevent defaulters like Nirav Modi, Mehul Choksi, Lalit Modi, Vijay Mallya plus many more who brazenly dupe banks of public monies and sneak out of India with political patronage to enjoy their ill-gotten wealth unhindered.
Against these, the actual recovery notched for the last 10 years was crumbs - just Rs 2,68,795 crore comprising, Rs 2,16,547 crore (of PSBs); Rs 52,248 crore (of Private); though the figures of UCBs is not provided.
Meanwhile, the RBI's Financial Stability Report (FSR) in December 2024 highlighted betterment in the asset quality of banking sector. The gross non-performing assets (GNPA) ratio of banks fell to a 12-year low of 2.6 per cent in September 2024, aided by reduced slippages, higher write-offs, and steady credit demand. The net NPA ratio also dropped to 0.6 per cent.
However, the RBI cautioned that the GNPA ratio could rise under certain risk scenarios, potentially reaching 5.3 per cent by March 2026.

CC calls for application to fill RTI commission vacancy

Sunday Times: Sri Lanka: Friday, 31 January 2025.

The Constitutional Council has called for nominations to appoint a member to the Right to Information Commission that has arisen in respect of a member to be nominated by the organisations of publishers, editors and media persons.
Those appointed as members of the Commission should be persons who have distinguished themselves in public life with proven knowledge, experience and eminence in the fields of law, governance, public administration, social services, journalism, science and technology or management.
Duly completed nominations should be sent to the Secretary-General to the Constitutional Council on or before 7th February 2025.
The Commission consists of five members appointed by the President upon the recommendation of the Constitutional Council.
Members of Parliament, Provincial Councils or of any Local Authority, hold any public or judicial office or any other office of profit, be connected with any political party, be carrying on any business or pursuing any profession are not qualified to be members of the Commission.
More details can be obtained at www.parliament.lk/en/secretariat/advertisements/view/321

78 killed in MTC bus accidents in Chennai in 2024: RTI

DTNext: Panaji: Friday, 31 January 2025.
As per the RTI data, the MTC witnessed 78 fatal accidents in the period against 117 fatalities recorded from January 2022 to November 2023.

As many as 78 persons died in 1,306 accidents involving MTC buses in the city and suburbs last year, according to the Right to Information data.
In reply to an RTI petition filed by activist K Anbazhagan, MTC said its buses were involved in 1,306 accidents from January 1 to December 20 last year. Of the total accidents, the buses belonging to the Central Depot have recorded the highest number of 94 accidents, followed by 74 accidents in Vadapalani and 66 in Adyar.
As per the RTI data, the MTC witnessed 78 fatal accidents in the period against 117 fatalities recorded from January 2022 to November 2023.
Activist K Anbazhagan, general secretary of Tamil Nadu Arasu Pokkuvarathu Kazhaga Stop Corruption Thozhirsanga Peravai, said among the 78 drivers involved in the fatalities, eight were contract drivers.
“If an MTC driver is involved in a fatal accident, the driver would face punishment like an increment cut. What will they do for the contract drivers?” he asked.
"Another reason for the rise in accidents is the MTC not updating the running time of its buses for decades. The increase in the vehicular population, traffic congestion and metro rail works should be taken into consideration for fixing the bus running time,” he said.
MTC MD Alby John Varghese, however, said they had updated the running time of buses on 500 routes last year alone. Also, the bus running time has nothing to do with the accidents.
On the contract drivers involved in the accidents, he said such drivers would be terminated immediately.

Smart City a ‘scam’, Panjim has been ‘abandoned’, AAP Goa chief plans RTI and legal action, alleges Rs 1,000 crore already spent on project that has no end date yet: Palekar

Herald Goa: Panaji: Friday, 31 January 2025.

Aam Aadmi Party (AAP) State President Adv Amit Palekar has alleged that the Smart City project, implemented by the Imagine Panaji Smart City Development Ltd (IPSCDL), is a scam. Palekar stated that the party will file an application under the Right to Information (RTI) Act to uncover how much money has been spent on the project and later approach the High Court if necessary.
Addressing the media, Adv Palekar criticised the execution of the project and expressed concerns about the lack of accountability. “We plan to examine how funds have been allocated and spent by not just IPSCDL but also the Corporation of the City of Panaji (CCP), the Goa State Urban Development Agency (GSUDA), and the Public Works Department (PWD),” he said.
Palekar claimed that over Rs 1,000 crore had already been spent on the Smart City project, but the results were far from satisfactory. “It has been around four to five years, and over Rs 1,000 crore has been spent, yet the condition of the roads in the capital city is appalling. We are still searching for proper roads in Panjim,” he said, pointing to the ongoing construction chaos.
He specifically highlighted the situation near Azad Maidan, where a road had been dug up multiple times without improvement. “This road has been dug up four times, yet look at the condition. Who is responsible for this? Why isn't anyone questioning the IPSCDL? It seems like they aren’t afraid of anyone,” Palekar said, adding that the public was being unfairly inconvenienced. “Most of the roads are blocked, and people are forced to travel longer distances just to get to their destinations,” he added.
Palekar further alleged that the city’s leadership, including local MLA Atanasio ‘Babush’ Monserrate, the Mayor, and BJP leaders, had neglected their responsibilities.
“One festival or another is always being organised in the city, but the people are left with no proper infrastructure. It seems like the MLA, Mayor, and even local BJP leaders are missing in action. The city has been abandoned,” he said.
The AAP leader also accused the IPSCDL of misleading the High Court by claiming that 95% of the work had been completed. “IPSCDL Managing Director Sanjit Rodrigues needs to explain to the people how much work has actually been completed. Is it 95% or just 5%? This has happened because no one is holding the government accountable,” Palekar stated.
He further vowed that AAP’s MLAs would raise these issues in the upcoming Assembly session, demanding answers on why the Smart City project was causing more harm than benefit to the people of Panjim. "The Smart City project is leading to nothing but corruption, and it needs to stop," he said.
Palekar also pointed out that the local MLA, Atanasio ‘Babush’ Monserrate, could not evade responsibility for the situation. The AAP has promised to continue its fight for accountability in the project and its impacts on the residents of Panjim.

PIOs should not send proxies to state information commission: TN govt

Times of India: Chennai: Thursday, 30 January 2025.

The Tamil Nadu govt has instructed public information officers (PIOs) and appellate authorities in govt offices not to send proxies (lower rank officers) on their behalf to appear before the state information commission.
"If the public information officer cannot make a personal appearance due to unavoidable reasons, the officer concerned should give prior intimation to the commission and depute an officer of equivalent rank. They cannot send officers of lower rank. The PIOs should always wear the identity card during the hearing," stated a circular issued by the human resources dept to all the govt depts in the secretariat and the district collectorates.
It has reminded public information officers and appellate authorities about their roles under the Right to Information Act. It has instructed them on a series of procedures to abide by, drawing their attention to various rules.
The circular was issued in the wake of the state chief information commissioner's letter to the govt about the practices of the PIOs in violation of RTI rules.
The circular states that PIOs are duty-bound to respond to RTI pleas and they cannot make assistant PIOs furnish information sought by an applicant. "The PIOs should furnish their name, designation, office address, official phone number, email ID and the details of the appellate authority in their replies to RTI queries," said the circular.
Documents related to RTI petitions should be kept for three years while papers related to appeals should be kept for five years. The circular warned the PIOs against the practice of summoning applicants.
The circular has instructed them to provide the information sought within the stipulated time and thereby to ensure that the applicant does not approach the commission.
RTI activist M Kasimayan welcomed the circular and hoped that the PIOs would follow the rules in letter and spirit.

RTI: Conducted NO studies to assess the biological and ecological impacts of cellular technologies, Doctors Urge Union Govt To Postpone 5G Radiation Norms, Citing Lack Of Scientific Studies On Adverse Effects.

Free Press Journal: Mumbai: Thursday, 30 January 2025.

Doctors from across the country have urged the Ministry of Communications to postpone the introduction of revised 5G radiation norms citing public health risks, cybersecurity threats and environmental concerns. The medical professionals have alleged lack of transparency and public engagement in the implementation of norms which are scheduled to be effective from February 1.
Doctors and other citizens from Mumbai, Delhi and different cities of the country have urged the Minster of Communications to postpone the introduction of the revised electromagnetic field (EMF) 5G radiation norms that are scheduled to be implemented from February 1. The initiative has been launched under the banner of Awaken India Movement (AIM), which has also launched an online petition to support this cause.
The organisation is opposing the recent relaxations in 5G radiation rules as the power density for a 5G Base Tower Station has been increased to 5 watts per square meter from 1 watt. It alleged that the union government has not conducted or published any studies to dismiss any health effects, whereas over 200 peer reviewed studies globally and 40 peer reviewed studies in India show health hazards from EMF Radiation.
The information received under the Right to Information (RTI) Act has highlighted that the Science and Engineering Research Board (SERB), a statutory research body under the union government’s Department of Science and Technology, has conducted no studies to assess the biological and ecological impacts of cellular technologies.
It also cited an advisory by the Wildlife Division of the Ministry of Environment, Forest and Climate Change which stated that that electromagnetic radiations can affect the biological systems of animals, birds, and insects. It also alleged contradictions in statements issued by the Indian Council of Medical Research (ICMR), which earlier claimed to be conducting studies on the health impacts of radiation but later denied ever conducting such research.
In a letter to the union ministry, AIM has raised concerns regarding the long-term health impacts of electromagnetic radiation (EMR) exposure, specifically to vulnerable populations such as children, elderly, and those with pre-existing health conditions. It also raised concerns regarding increased risk of cyberattacks with the widespread deployment of 5G network, including financial fraud, data breaches, and privacy violations.
Doctors have also highlighted environmental concerns related to the deployment of 5G network. The infrastructure required for 5G, particularly the deployment of small cell antennas and increased energy consumption by the network, may exacerbate global environmental challenges, said the letter. It also alleged that wireless technology is causing the demise of frogs, bats, honey bees and house sparrows.
Urging the government to postpone the implementation of the revised norms, the letter stated that the delay is essential to conduct comprehensive, multidisciplinary studies, strengthen regulatory safeguards, and ensure robust public engagement.
“The government is failing in its duty to uphold Article 21 of the Constitution, which guarantees the fundamental right to health and safety. There is absolutely no regard for the elderly, infirm, pregnant women, young children or flora and fauna who may be sensitive to such radiation. Failing to act responsibly now will not only jeopardize public health and cybersecurity but will also erode public trust in governance. The government must prioritize the safety and well-being of its citizens above economic expediency or technological progress,” read the letter.

Delhi Election 2025: 3 lakh ration card applications await nod; 84,000 issued in last 5 years, shows RTI reply- Akriti Anand

Mint: New Delhi: Thursday, 30 January 2025.
Delhi Election 2025: The RTI reply also mentioned category-wise data. It said 73,697 applications under the Antyodaya Anna Yojna category were pending.

Delhi Election 2025: People register their ration cards with Aadhar cards
to get the benefits of various government schemes during
a free ration card registration camp.(PTI)

More than three lakh ration card applications are pending in Delhi as of December 30, 2024, the Delhi government said in its reply to a query raised under the Right to Information (RTI) Act. It also stated that around 84,000 ration card applications were approved in the last five years.
"Total no. of ration card applications pending as of December 30, 2024 is 3,37,444. Total no. of applications approved in the last five years is 84,692," the Information Technology branch of the Delhi government's Department of Food Supplies and Consumer Affairs told Mint in the RTI reply. The RTI query was filed on December 30 last year.
The RTI reply also mentioned category-wise data. It said 73,697 applications under the Antyodaya Anna Yojna (AAY) category were pending, 346 applications under the Priority Category having sugar entitlement (PR-S) and 2,63,401 applications under the Priority (PR) category are pending with the government so far.
A ration card is issued to any Indian citizen who is a permanent resident of Delhi and eligible under the National Food Security Act, 2013, according to a Delhi government document.
Oppn attacks AAP over ration cards
Ahead of the Delhi Assembly Elections, the Aam Aadmi Party (AAP) and its chief Arvind Kejriwal said it is committed to issuing ration cards to those left out of the system.
The Opposition also attacked the AAP government in Delhi over the lagging facility of issuing ration cards in the national capital.
Bharatiya Janata Party leader Manoj Tiwari said in early January, "Arvind Kejriwal should remember that they stopped 'Ayushman Yojana', they stopped the registration of houses for the poor in government- authorised colonies...they stopped pension, ration card..."
Delhi Congress President and candidate from Badli Assembly constituency, Devendra Yadav, was also quoted by ANI as saying, “Judging by people's mood, Delhi citizens are troubled by the rule of AAP, whether it is the problem of pension of the poor, ration card and dirty water.”
Delay in ration card allotment
Many in the national capital have complained about the delay in the allotment of ration card.
One of the RTIs, dated December 12, 2024, filed with the Department of Food Supplies and Consumer Affairs sought details about an application for AAY ration card.
"...it has been more than prescribed 30 Working Days still the application status show it is under Verification, I seek the Reason why the application is being Delayed," the RTI applicant asked.
The Delhi department responded, “As per policy laid down by the Delhi government, no ration card is issued under the AAY category at present.”
Several such people, many belonging to the poor section of society, complained about not receiving ration cards despite years of delay.
In October last year, Lieutenant Governor VK Saxena had directed the chief secretary to probe the AAP government’s alleged failure to issue ration cards to 90,000 poor people. The AAP government had then termed the allegations “baseless, malicious, concocted and mischievous”.

Public outcry as RTI requests hit with 18% GST despite legal exemptions

Indiatimes: Hubballi: Thursday, 30 January 2025.

It has come to light that some public information officers (PIO) in state departments are allegedly imposing 18% GST on Right to Information (RTI) requests, alongside the prescribed fee of Rs 2 per page. The move contradicts a 2018 clarification by the Central Information Commission (CIC) that RTI information is neither goods nor services. Activists are disappointed and plan to appeal the decision.
A copy of the reply given by executive engineer (elecl), KPTCL, Mangaluru, is making rounds on social media in North Karnataka. It tells the applicant to pay 18% GST along with the fee for the information.
Athani-based activist Bheemanagouda Paragond, who shared the letter on his Facebook account, told TOI that it is another way to discourage people from filing applications under the RTI Act. "Though there is neither a circular from the govt nor an amendment to the Act in this regard, officials are harassing people."
Victor D'souza, a resident of Kadandale village in Mudbidri taluk, Dakshin Kannada district, who filed the application and was instructed to pay the fee and GST, said that as a 400 KV HT line is going via his agricultural lands, he filed an RTI application on Dec 13. "In reply, I am told to pay 18% GST. Though it's against the ct, I will pay it to get information which is needed urgently. I will question the GST later," he added. He also said that he was forced to pay 18% GST since 2022.
Rajashekhara JM, an RTI expert from Ranebennur, said that as per the Act, authorities should upload all allowed information on their website, and they have to provide it free of cost if the applicant seeks the information via email. "There is a Karnataka high court order disallowing the imposition of GST on information. Imposing GST is another way of killing the RTI Act by officials and ruling govts irrespective of party affiliation," he noted.
Dr Shekhar Sajjanar, former state information commissioner, recalled that he issued an order saying no GST on sharing the information and it's against the Act.
When contacted, Gangadhara K, executive engineer of major works, KPTCL, Mangaluru, who sought GST in his reply to D'souza, told TOI that the fee collected for providing information under RTI was a taxable supply. However, as per para (n) of notification No. 2/2018-Central Tax (Rate) dated Jan 25, 2018, issued by the Union govt, the rate of CGST and SGST for services by way of providing information under RTI Act-2005 has been revised as NIL. "Hence, GST on RTI services is not payable w.e.f. Jan 25, 2018," he added. He also said the letter will be revised.

Information overload: By Y Maheswara

Bangalore Mirror: Bangalore: Thursday, 30 January 2025.
State Information Commission blacklists RTI activists who filed thousands of appeals ‘without any purpose’

In a first, the State Information Commission has cracked the whip on activists filing thousands of applications or appeals seeking information without any purpose, as this has only ended up adding to the backlog.
The purpose of the Right to Information Act is to empower citizens to promote transparency and
accountability in the working of the government. Citizens can seek and obtain information pertaining to the government under the RTI Act but they should not become a hurdle for the State Information Commission.
There are more than 50,000 applications or appeals pending with the Commission, which compelled it to organise a special drive to clear the backlog. During the special drive, the State Chief Information Commissioner found that around 30 applicants had filed thousands of appeals. “Around 30 RTI activists are ruling the roost by filing thousands of appeals thus causing a lot of inconvenience to senior citizens who also sought information. We have to allocate most of the time to clear the appeals filed by the RTI activists. We have blacklisted around 20 RTI activists, who are found misusing the State Information Commission by filing thousands of appeals,’’ said State Chief Information Commissioner Dr HC Sathyan.
The Chief Information Commissioner said he was forced to conduct special sessions for senior citizens who filed appeals.
According to the documents available with Bangalore Mirror, the State Chief Information Commissioner has blacklisted the following RTI activists. Shekhar S, who filed 1,103 second appeals, and 541 of those appeals were disposed of in Court Hall No. 2 and a penalty of Rs 5,41,000 was imposed on him. Manjunath AN filed 1,479 second appeals and 407 applications were disposed of and a penalty of Rs 4,07,000 was imposed on him. BS Ramesh (611 appeals) was penalised for Rs 1,77,00. Satish K (Rs 2,15,000), CP Thippeswamy (Rs 2,81,000), Rangaswamy (Rs 2,59,000), V Ramakrishnappa (Rs 2,02,000), Mohan BL (Rs 2,61,000), M Jagadish (Rs 2,31,000), and SS Venkatesh (Rs 1,38,000).
“I have followed the norms and the judgements of honourable courts while blacklisting and penalising those who were found misusing the State Information Commission or the RTI Act. I imposed a Rs 1,000 penalty on each application filed without any purpose. The government has been spending a lot of money on the State Information Commission every year. The Commission is ready to help genuine RTI applicants but not those with vested interest,’’ the State Chief Commissioner said.
He said some of the applicants have been trying to pressurise him to withdraw the penalty imposed on them. “They began threatening me for blacklisting them but I am not ready to succumb to pressure. The revenue authorities will have to attach their immovable property if they fail to pay the penalty,’’ he said.

RTI activist’s query on teaching staff at medical colleges now rejected by West Bengal government: Bishwanath Ghosh

The Hindu: Kolkata: Thursday, 30 January 2025.
Sabir Ahamed is a researcher at the Amartya Sen-founded Pratichi Trust and is the convener of Know Your Neighbour, an initiative that aims at promoting communal harmony in West Bengal

Sabir Ahamed, Researcher at the
Amartya Sen-founded Pratichi Trust

A well-known Right to Information (RTI) activist who has been wanting to know the social identities of teaching staff how many SC, ST, OBC, minority appointees in all government-run medical colleges in West Bengal and who has hardly got positive response from the institutions, with some even asking for his citizenship, now has his RTI application rejected even by the State Government, which said it was illegal to reveal such information.
“Furnishing of personal information about a faculty/an administrative officer is barred under Sections 8 I(e) and 8 I(j) of the RTI Act, 2005, being information hold in a fiduciary capacity by employer of the employee and therefore, cannot be furnished,” the appellate authority and Senior Special Secretary in the Department of Health said in reply to an RTI query by Sabir Ahamed.
Mr. Ahamed is a researcher at the Amartya Sen-founded Pratichi Trust and is the convener of Know Your Neighbour, an initiative that aims at promoting communal harmony in West Bengal through heritage walks and encouraging the reading habit.
He claims to have filed over 2,500 RTI applications since the enactment of the RTI Act nearly 20 years ago, and this application, seeking details of the representation of disadvantaged communities in the 23 State-run medical colleges, was filed in November last year. He hardly got the expected response, with two of the institutions, NRS Medical College and Calcutta National Medical College, even asking him to prove his citizenship first.
“While working on the representation of social groups, particularly minorities, in health governance in the State, my preliminary research found that minorities are woefully underrepresented. There is no minority representation among Principals, Medical Superintendents and Vice-Principals in State-run medical colleges in West Bengal,” Mr. Ahamed explained the purpose behind his RTI query.
And now with even the State government refusing to part with the breakup of the social profile of the teaching staff, citing law, the activist said, “The data will expose the under-representation of social groups in medical governance, and hence the department is reluctant to provide the information.”
According to him, only six institutions have given him the information he sought: Murshidabad Medical College, Purulia Deben Mahata Medical College, Rampurhat Government Medical College, Jalpaiguri Government Medical College, Calcutta Medical College, NRS Medical College, and Calcutta National Medical College (that last two had initially demanded proof of his citizenship).

People asked to access information through RTI law

The News International: Peshawar: Wednesday, 29 January 2025.

Chief Information Commissioner, of Khyber Pakhtunkhwa
Farah Hamid Khan addresses the participants of the 93rd
Pre-Services Course for Probationary Officers of the
Provincial Management Services at Pakistan Provincial
Services Academy on January 28, 2025. — Facebook@kprti

A free flow of information is considered as a dream in countries governed by dictatorial and short-lived democratic regimes where the enactment of Right to Information Laws and its proper implementation provide citizens easy access to information about public records.
This was stated by Farah Hamid Khan, chief Information Commissioner, of Khyber Pakhtunkhwa, while addressing the participants of the 93rd Pre-Services Course for Probationary Officers of the Provincial Management Services at Pakistan Provincial Services Academy on Tuesday.
She added that the KP Assembly adopted an RTI law in 2013 which was also an important first step for the government’s implementing Sustainable Development Goals target 16.10.2.Farah Hamid Khan said RTI law ensured people can access information held by government bodies, often requesting authorities to have specific public officials and working procedures in place.
She said, so far, RTI legislation had been adopted by 127 countries. The session aimed at sensitizing the participants to their responsibilities under the law.It also touched on various other relevant aspects such as the human rights dimension of the right to information,and the Islamic perspective of access to information.The chief commissioner focused on the practical aspects of access to information.

25k-t waste generated in Madurai city a month, RTI reveals

Times of India: Madurai: Wednesday, 29 January 2025.

Response to an RTI petition filed by a member of Vaigai Nathi Makkal Iyakkam has revealed that Madurai city generates about 25,500 tonne of waste a month, 10% of it being plastic waste. While this sheds light on the city's growing waste management challenges, key questions on illegal dumping and penalties related to Vaigai river were not answered by the corporation.
Although Madurai corporation levies penalties ranging from ₹500 to ₹5,000 from those resorting to illegal waste dumping along the river, specific details on the volume of waste dumped into the river were not disclosed in the RTI response. The corporation said it is planning to install surveillance cameras at critical points along the river. However, members of the Iyakkam revealed that the project is still stuck at the detailed project report (DPR) stage for over six months.
To queries on the disposal of animal carcasses found within the city, the corporation confirmed that they are safely buried in deep pits minimising environmental and health risks. Though the corporation said it penalised numerous violators between Oct 2022 and 2024, specifics regarding the total fines collected were not made available.
Vaigai Nathi Makkal Iyakkam chief M Rajan expressed dissatisfaction at the corporation's lack of clarity on key questions. "We wanted detailed answers about the exact amount of waste being dumped into the Vaigai river and the measures in place to prevent it. While we did receive some information, the slow progress on CCTV installation and lack of detailed data are disappointing," he said. "We still generate 10% of plastic waste inside city limits, which is a concern to be addressed in the long run," he added.

Assam: RTI exposes alleged corruption at Dhubri Revenue Circle Office: Mehtab Uddin Ahmed

India Today: Assam: Wednesday, 29 January 2025.
Alleged corruption at Dhubri Revenue Circle Office in Assam exposed by RTI. Residents demand investigation and accountability.

RTI exposes alleged corruption at Dhubri Revenue Circle Office

Fresh allegations of corruption and malpractice at the Dhubri Revenue Circle Office have surfaced, triggering public concern. A Right to Information (RTI) application filed on January 8 has become a focal point, raising serious questions about transparency and administrative conduct. 
The RTI, submitted by a member of the ruling party in Dhubri, consists of 38 pointed queries, particularly targeting Lat Mandal Sujit Sengupta. He has been accused of corruption, with concerns over his tenure, service record, and alleged misconduct. The application also questions land allocation practices, specifically the amount of land allotted to the Muslim community near Jhagrarpar. 
Sources suggest that Sengupta’s involvement in land allotments and other dealings has long been a matter of public suspicion. The RTI has intensified scrutiny, with many wondering whether the revenue office will provide clear and timely responses. 
The development has unsettled officials at the revenue office, as the application seeks information that could expose administrative lapses. Public attention is now focused on whether authorities will address these concerns transparently or attempt to sidestep accountability.

RTI reveals Madhya Pradesh to withdraw criminal forest offences in only half of the 8,000 cases it promised: Himanshu Nitnaware

Down To Earth: Madhya Pradesh: Wednesday, 29 January 2025.
Decision taken by state government violative of FRA, says advocacy group which filed RTI

Baiga Adivasis in Dindori district of Madhya Pradesh
Photo: Vikas Choudhary/CSE

A Right To Information (RTI) query has revealed that the Madhya Pradesh government will withdraw criminal forest offences in less than half of the 8,000 cases that it promised.
The government had announced a withdrawal of criminal forest cases against people from Scheduled Tribes within a span of three months in May last year.
However, an RTI query filed in November last year by the Criminal Justice and Police Accountability Project (CPA), a litigation, research and capacity-building intervention organisation that works to address criminalisation of marginalised communities, found otherwise.
It found that limited cases pending in the various magisterial courts of Madhya Pradesh, meeting specific parameters underlined by the forest department, were considered for withdrawal.
These cases were mainly related to encroachments, illegal tree cutting (excluding forest offences), illegal mining and other cases such as collection of timber or tendu leaves, as per a statement issued by the CPA.
“The data provided that a total of 4,496 number of cases are to be considered for withdrawal. The breakdown of 4,496 cases are illegal tree cutting (776); encroachment (2,268); illegal mining (96); cases related to wild animals (1,040); and others (316),” the statement said.
Harsh Kinger, lawyer and advocacy consultant at CPA, said, “No information regarding the same has been made public since the announcement. The response through the RTI shows the proposed actions are arbitrary, symbolic and violate of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA).”
Kinger explained that the decision to withdraw cases is not based on reasoning. “FRA recognises individual as well as community rights of the Forest dwelling schedule tribes (FDSTs) and Other traditional forest dwellers (OTFDs) under Section 3; therefore all the cases which are in violation of Section 3 should be withdrawn. The reasoning behind the parameters set by the forest department is not known.”
He added that it is evident that the decision taken by the state government is violative of the FRA.
Kinger said the reasons provided by the RTI reply do not provide clarity on why the cases of offences withdrawal were reduced from 8,000 to 4,496.
The action is not based on review of the forest offences against the vulnerable adivasis, Forest Dependent Schedule Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs) who are entitled legal rights under the FRA for use of forest land including protected areas for accessing minor forest produce, grazing, water bodies, fishing and others.
Withdrawal of such cases which have been wrongly filed cannot be called ‘withdrawn’, he said.
The statement issued to the media stated, “The cases proposed to be withdrawn and listed in the RTI response are only against people from Scheduled Tribes. But the FRA under Section 4(1) recognises and also secures individual or community rights and tenure or both, as the forest rights of both FDSTs and OTFDs including Dalit, OBCs having traditional access and use over forests. Keeping OTFDs out of the ambit of decriminalisation is detrimental, as it leaves out a major population of forest dwellers.”
The CPA has termed the action as violative of FRA. As per the website of the MP forest department, the total number of cases filed between January 2015 and 2025 for the corresponding time add up to 518,091. But the government has only proposed to withdraw 4,496 cases pending in department tax queries and against OTFDs for withdrawal excluding majority of the cases, the statement alleged.
The CPA in its statement said FRA recognises fishing as a community right. But the RTI revealed that 66 cases against 91 people have been slapped for fishing in the past 10 years under the Wildlife Protection Act (WPA), 1972.
“The arrest records incorrectly note that the ‘hunting’ of fish for consumption was marked under Schedule V, which is not a statutory classification for the species. Regardless, Schedule V animals are also marked as vermin and it is not an offence to hunt such species,” the statement said.
Additionally, in MP, a total of 1,096 cases have been filed against the forest dwellers between 2015 and 2024 for hunting wild boar.
Wild boar, which raid crops of farmers and lead to human-animal conflict, have become an issue as farmers suffer losses and deploy self-defence measures for protection.
The situation has led to wild boar being accidentally getting killed due to electrocution in electric fences. The forest department has now filed cases citing WPA.
Besides, cases have been filed for collecting minor forest produce like honey, wood, and other forest resources. The CPA has demanded an urgent need to intervene in the process to make it transparent.

Sports Ministry Asked to Conduct Inquiry about Refusal to Accept 2nd Appeal Hearing Notice under RTI: Vinita Deshmukh

Moneylife: National: Wednesday, 29 January 2025.

The central information commission (CIC) has expressed grave concern over the handling of a recent right to information (RTI) request by the public information officers (PIOs) of the ministry of youth affairs and sports (MYAS), for refusal to accept a second appeal hearing notice issued by him; under the pretext of the address of the CIC being incomplete.
The notice, returned with postal remarks citing ‘incomplete address without section name’, infuriated central information commissioner Vinod Kumar Tiwari, and he raised serious questions about the efficiency and accountability of the office.
Terming this attitude of the PIO as ‘prima facie appalling’, he observed that it amounts to a breakdown in communication and procedural adherence of the public authority (PA) under the Right to Information (RTI) Act.
Mr Tiwari also observed that the return of the hearing notice to the CIC indicated that the MYAS lacks a dedicated RTI cell or that the PIOs and appellate authorities (AAs) are unwilling to take responsibility. “Such negligence is a violation of the RTI Act and undermined the RTI, which is a statutory act, with the objective of ensuring transparency and accountability in government functioning,” he added.
In a stern order, CIC Tiwari has directed Vanita Sood, director (administration, policy general, RTI-PG, OL & media) to conduct an inquiry and identify those who are responsible for this dereliction of duty.
Ms Sood has been instructed to present the findings to the competent authority within the MYAS. This report, CIC Tiwari ordered, should be submitted with supporting documentation, within four weeks of receiving the order.
RTI applicant Yatharth Pandya, who is the president of the Sports Activist Association of India, had sought information from MYAS on entry fees and sponsorship details of the prestigious Ultimate Table Tennis (UTT) national ranking tournaments for the junior and senior categories. He sought documents relating to the total amount of entry fees collected during the period of 2022-2023, which were played in various states like Jammu & Kashmir, Gujarat, Tamilnadu, Kerala and others. He also asked for the total sponsorship amount received for these tournaments, including contributions from private companies, PSUs, and government organisations.
The CPIO of MYAS denied information with a single-line reply stating that “The desired information is not available.’’ CIC Tiwari, during the hearing on 6 January 2025, commented in his order that “The PIO is expected to exercise due diligence and make a genuine effort to assist the appellant by invoking provisions such as Section 5(4) or Section 6(3) of the RTI Act, which allow for the transfer of requests to the appropriate custodian of the information. Instead, the PIO simply disclaimed responsibility by stating that the information was held by another authority, which is not acceptable.”
CIC Tiwari slammed the “casual approach” of the then PIO creating “unnecessary obstacles to the free flow of information, which undermines the purpose and intent of the RTI Act. Such conduct is inconsistent with the obligations of a PIO and hinders the appellant's right to access information.”
He issued a show-cause notice to the present CPIO, directing him to explain in writing why action should not be initiated against them under sections 20(1) and 20(2) of the RTI Act, which should reach him within four weeks of the order.
CIC Tiwari directed the CPIO of MYAS to provide RTI applicant Pandya the information he has sought, free of cost within six weeks of the order.
Mr Pandya, when contacted by Moneylife, stated that “The case sets a precedent for upholding transparency and in public administration especially in sports.”

RTI losing its sting as radical piece of legislation gets blunted: Ranjit Bhushan

The Federal News: Opinion: Wednesday, 29 January 2025.
Digital Personal Data Protection Act, freezing vacancies in state, Central information commissions defang crucial right in a nation dominated by steep imbalances A radical reform introduced in 2005 lies in tatters by 2025.

Within two decades, one of the seminal achievements of the country, with the potential to change the democratic governance in India, the Right to Information (RTI) Act, is teetering dangerously close to insignificance.
The way to defang this crucial and basic right in a country dominated by steep imbalances is quite simple: stop appointing information commissioners or slow down the appointments process in such a way that the information commissions become useless.
As backlogs mount, so will public cynicism and distrust.
Vacant posts
Consider this: The state information commissions (SICs) in Jharkhand, Tripura and Telangana, until late last year, did not have a single commissioner. The Jharkhand Information Commission has been defunct since May 2020, Telangana since February 2023 and Tripura since July 2021.
The condition of the other state information commissions is only marginally better. Maharashtra and Karnataka have eight vacancies, Odisha five and West Bengal four. Alarmingly, the pendency of cases in Maharashtra has crossed the 100,000-mark, with significant pendency in some other states.
Compounding the problem is the Central Information Commission (CIC), which itself has only three commissioners out of 11, including the Chief Information Commissioner. It has around 22,000 pending appeals filed by people against denial of information by the government.
The SICs, in effect, have ceased to function.
SC intervenes
Happily, the Supreme Court played its hand it directed the Centre and states to provide clear timelines for filling vacant posts in Central and state information commissions set up under the RTI Act, 2005, after noting, with concern, the vast number of vacancies at the transparency watchdogs.
In addition, the Union government was told to file a status report on the progress made to make the appointments at the CIC.
RTI provides for the appointment of 10 information commissioners at the Centre and each state/UT.
Save-the-RTI campaign
Leading the charge is transparency campaigner Anjali Bhardwaj and two others, whose PIL has become the pivot around which the save-the-RTI campaign is centred. The PIL informed the court about how state governments were defeating the high goal of transparency and accountability by rendering the information commissions redundant.
“They are virtually destroying the RTI by freezing vacancies,” said advocate Prashant Bhushan, appearing for the petitioners. He pointed out that an apex court judgment in February 2019 had observed the need to “crack the whip” to fill up the vacancies.
Under pressure from the Supreme Court, Jharkhand and other states have begun the process of appointments. The apex court has been monitoring the filling up of vacancies in CIC and SICs following its 2019 judgment, where it said the RTI Act was not only enacted to sub-serve and ensure freedom of speech but also had the potential to “bring about good governance which is an integral part of any vibrant democracy”.
Difficulties in filling posts
Just how difficult it is to get the vacancies fixed notwithstanding the apex court breathing down the Unionand state governments’ combined necks can be gauged from the fact that in October 2023, a Supreme Court bench led by then chief justice DY Chandrachud and justices JB Pardiwal and Manoj Misra expressed dissatisfaction with the governments' failure to fill the vacancies.
The court directed the Department of Personnel and Training (DoPT) to prepare a chart on the number of vacancies, and appeals/complaints, in all the commissions.
“The failure of the state governments to fill posts of information commissioners defeats the purpose of the RTI Act and affects the right of information which becomes a ‘dead letter’ if vacancies are not filled up,” the CJI noted in the order.
Setting deadlines
On January 7, 2025, a bench comprising Justices Kant and N Kotishwar Singh directed the DoPT to provide timelines for completing the CIC selection process and disclose the list of applicants.
To expedite the process in Jharkhand, the apex court ordered a member of the selection committee to be nominated by the largest Opposition party, with appointments to be made within six weeks.
The selection process for Jharkhand, however, could not begin due to the absence of a leader of Opposition (LoP) in the Vidhan Sabha after the November 2024 assembly elections.
For other states, the apex court set deadlines for notifying applicant lists within one week: search committee composition within one week from the date of notification of applicants and interview timelines not exceeding six weeks from the date of notification of the search committee’s composition. It also provided a two-week period to the competent authorities for making appointments after receiving recommendations.
States were also asked to report case pendency before the information commissions.
No easy route
Thus far, some have complied, but the others always have crisp alibis to offer. That the way ahead is not going to be easy, is more than clear.
Activist Anjali Bhargava told an interviewer: "It is becoming increasingly difficult, in any case, to access information under the RTI. Now the Digital Data protection law has amended the RTI Act to expand the scope of the exemptions under Section (8)(1)(j). This means that any information that relates to personal information will not be provided."
The Digital Personal Data Protection Act, 2023 (DPDPA) introduces a new layer of complexity by proposing amendments to Section 8(1)(j) of the RTI Act. Specifically, the amendments would exempt the disclosure of personal information of public officials, even if doing so serves a larger public interest.
New layer of complexity
Once the DPDPA becomes operational, even if the Supreme Court were to strike down the aspect of anonymity in let’s say electoral bonds, it will not be easy to access names of donors.
In a broad sense, the two pieces of legislation could be considered at odds with each other. The DPDPA aims to protect personal data, while the RTI Act aims to promote transparency and accountability in government.
The DPDPA may exempt most personal information from the RTI Act's purview. This could make it easier for public information officers to reject RTI applications.
Existential dilemma
It could disproportionately affect people who rely on the RTI Act to access information about their pensions, wages, and other benefits. The DPDPA could make it harder for citizens to access information from the government, which could threaten transparency and accountability.
Clearly, the RTI is in the throes of an existential dilemma, all of which can be laid at the door of the political masters, for whom lip service to creating a viable information highway is more crucial than facilitating it in practice.
(The Federal seeks to present views and opinions from all sides of the spectrum. The information, ideas or opinions in the article are of the author and do not necessarily reflect the views of The Federal.)

Supreme Court frowns upon the absolutely inadequate functioning of the RTI machinery, Upholding accountability, resisting the erosion of justice by the powerful.

CJP: National: Wednesday, 29 January 2025.

The RTI Act which was implemented as a measure to increase transparency in the functioning of the Government machinery, has suffered various attacks and negligence of the Government, which has now rendered it powerless. The Act has empowered the citizens of India and protected their fundamental right to information, however, now that power is being taken away. This article delves into how strategically through amendments and due to the lackadaisical attitude of the government, RTI is becoming a defunct machinery.
The Right to Information (RTI) Act which will soon complete 20 years, has been a very important thread in the democratic fabric of India. The Act empowers citizens to request information from public authorities and promotes transparency and accountability in the functioning of the Government. By enabling informed participation and holding the public officials accountable, the Act aims to strengthen the democratic governance system in our country.
However, over the last few years, questions have been raised about the functioning of the RTI machinery as the number of pending complaints and appeals has increased, various State Information Commissions (SIC) remain defunct, while the Central Information Commission (CIC) is not functioning at its full capacity.
On January 7, 2025, the Supreme Court expressed its concerns over the delay in appointment of the Information Commissioner by Centre and States for protecting the citizens’ right to information, asking what was the use of creating a law protecting the rights of the citizens and creating transparency in the functioning of the government machinery, if there is no one to work for that law.
A defunct RTI machinery
The condition of the functioning of the CIC and the SICs can be better understood by analysing the report published by Satark Nagrik Sangathan (SNS) on the functioning of the 29 commissions across the country with information accessed under the RTI Act through various applications.
Out of the 29 SICs, seven were not functioning at different lengths of time in the year 2024, including Jharkhand, Telangana, Tripura, Goa, Chhattisgarh, Madhya Pradesh and Uttar Pradesh. For a period of four years, the SIC in Jharkhand has not been functional, which is the longest as compared to any other SICs.
Additionally, there were no Chief Information Commissioner in five commissions, along with eight that have been functioning at a reduced capacity with an inadequate number of information commissioners.
As per the Act, each commission shall have 10 commissioners and a chief commissioner, despite that multiple states and even the CIC are functioning at a reduced capacity. The CIC has been working with only three commissioners, including the chief commissioner.
In its recent order, Supreme Court also took cognizance of the situation in Jharkhand, where the commission has been defunct since 2020, and the lack of a leader of opposition (LOP) has resulted in no appointments in the SIC as the Act lays down that the Selection Committee for appointing commissioners must have LOP as a member.
The Court thereafter directed the single largest opposition party in Jharkhand, National Democratic Alliance, to appoint one of its elected representatives for the Selection Committee and complete the appointment process within the next 10 weeks.
As a result of this defunct machinery, the backlog of cases in the 29 commissions has drastically increased, from 2.18 lakh in the year 2019, to 4.05 lakh in the year 2024, which is an increase of around 80 percent, as reported by Newslaundry.
The CIC, which is the final appellate body as per the RTI Act, has more than 23,000 matters pending with 8 vacant posts for commissioners as per the website of the Central Information Commission.
The primary objective of the information commissions is to ensure transparency in the functioning of the government, however with regards to mandatorily making available the annual reports on the websites of respective commissions, it is pertinent to note that 33 percent of the commissions have not made their annual reports available as per an article published in the Business Standard.
The article further analyses the report of SNS as per which nearly 14,000 complaints and appeals were returned while 19,347 were registered by the CIC between July 1, 2023, and June 30, 2024, which comes to 42 percent of the total number of complaints registered.
The article further quotes the report stating “CIC website discloses how many appeals/complaints were re-submitted to the CIC after addressing deficiencies. The data reveals that nearly 96 per cent of the cases which were returned to the appellant/complainant were not re-submitted to the CIC by them”.
Reference can also be made to the 2019 judgement of the Supreme Court in the case of Anjali Bhardwaj vs Union of India, where the apex Court directed the Government to fill up the vacancies in the Information Commission and advised the government to make timely appointments of the Chief Information Commissioner and Information Commissioners 1 to 2 months prior the vacancy is created.
In this judgement, the Court also held that the selection of Information Commissioner must not be merely from Government employees or ex-government employees and highlighted the requirement of appointing people from other streams to increase transparency.
However, the judgement has not made much difference, and the appointment of retired bureaucrats continues.
2019 amendment
The negative attitude of the Government towards the RTI Act has been reflected in the 2019 Amendment to the Act, which has struck a huge blow to the independence and autonomy of the RTI machinery. The scope of the Act has been shrunk and the Government has attempted to defeat the purpose of the legislation. The power given under the RTI Act is now being eroded.
The Right to Information (Amendment) Act, 2019 breaks down the backbone of the law by striking its most important aspect, independence. The Amendment tinkers with status, salary and autonomy of the Information Commissioners at both Central and State levels. The Act which was passed hurriedly without proper consultations gives wide-ranging powers to the Central Government in controlling the one organization that has the power to hold the Government accountable.
To provide autonomy and prevent the information commissions from government interference, the tenure of chief information commissioners and 10 information commissioners was fixed at 5 years, and their salaries were of the rank of the chief election commissioner and election commissioners respectively.
The 2019 Amendment takes away the fixed tenure of the chief information commissioner and the information commissioners and also alters their salaries. As per the amendment, the Central Government has been granted the power to decide the tenure and salary of the chief information commissioner and the information commissioners. This can result in arbitrary removal and curtailment or increment of salary for elections commissioners as per the suitability of the ruling government.
While attempting to explain the objectives and the reasoning behind the amendment to the RTI Act, Bar and Bench in its article reported that, the Minister for PMO, Jitender Singh has argued that “The functions being carried out by the Election Commission of India and Central and State Information Commissions are totally different. The Election Commission is a constitutional body established by clause (1) of article 324 of the Constitution and is responsible for the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all election to Parliament and to the Legislature of every State and of election to the office of President and Vice President held under the Constitution. On the other hand, the Central Information Commission and State Information Commissions are statutory bodies established under the provision of the Right to Information Act, 2005. Therefore, the mandate of Election Commission of India and Central and State Information Commissions are different. Hence their status and service conditions need to be rationalised accordingly.”
Shri Yashovardhan Azad and Prof. Madabhushanam Sridhar Acharyulu, former Information Commissioners of the CIC argued that the Amendment may kill the RTI Act itself. They argued that the CIC and the SICs are not very different from the Election Commission of India especially with regards to their constitutional duties, and therefore the equivalence between ICs and EC with regards terms and conditions of service and salary were rightly drawn as per an article of the Economic and Political Weekly.
An article of India Today, cites Shashi Tharoor (MP, Indian National Congress) arguing that “It is not an RTI (Amendment) Bill. It is an ‘RTI elimination bill’. This bill is removing the two greatest armours of institutional independence and on top of that, by controlling the State Information Commissioners, by taking over the power to determine their salaries, the Central government is destroying it.”
Backdrop to the 2019 Amendment
Before the introduction of the RTI Amendment Act, 2019, a few orders had been passed by the Information Commission which were considered to cause unease to the Modi Government. Two examples can be referred to here of the row over PM Modi’s degree and the status of non-performing assets in public sector banks.
The Delhi University was directed, in January 2017, to allow the search of records of the students who had cleared the BA Course in the year 1978 which is when PM Modi passed the said exam, by the then Information Commissioner Sridhar Acharyulu.
Based on another complaint filed with the Information Commission during the tenure of the Modi government, the Commission directed the RBI to provide details with regards to the NPA in public sector banks and also the details of primary big loan defaulters. The information was denied by the RBI citing the confidential nature of the said information.
The matter even reached the Supreme Court where the Court directed the RBI in 2015 to make the requested information available and the order was reiterated in 2019 after the Central Bank had previously failed to comply with the order of the apex Court.
A conclusion can be drawn here as to how such complaints that have made the Modi government uncomfortable have resulted in the introduction of the RTI Amendment Act, 2019.
Other Issues with the RTI Machinery
A pertinent question rises after the Digital Personal Data Protection Act (hereinafter referred as the DPDP Act), 2023 came into force regarding how to balance right to information and right to privacy, both of which are fundamental rights protected under Article 19(1) and Article 21 of the Constitution of India respectively.
Section 44(3) of the DPDP Act amends Section 8(1)(j) of the RTI Act. The previous provision exempted release of “information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information”, which is now substituted with “information which relates to personal information”.
The revised provision has provided a blanket exemption of any personal information and removed the consideration of larger public interest thereby resulting in huge potential of decrease in transparency and accountability.
The provision provides for protection of privacy of the government, meanwhile to protect the democratic fabric of the country, increased transparency on the end of the government would help in protecting the right of privacy of the citizens. Increased accountability of public officials would promote the objective of the RTI Act, which has been severely diluted by the amendment made by the DPDP Act.
Concerns have been raised as the DPDP Act was passed with great haste and without any consultation. In the documents obtained by an RTI application, it has been found that NITI Aayog which is government’s own think tank had formally written to the Ministry of Electronics and Information Technology (MeitY), urging to not pass the proposed DPDP Bill citing its repercussions and impact on the RTI Act especially, as reported in an article published by ET Government.
A fine will be imposed on the citizens if wrong information is provided to the government even by mistake or if there has been a failure to provide identity proof or address, or even if a complaint has been filed regarding breach of data privacy which is found to be false at a later stage as per an article published by the Deccan Herald. The Government expects the citizens to be perfectly candid and provide with their personal information, meanwhile exempting itself from doing the same and thereby destroying the balance between the governing and the governed.
In 2012, the Report of the Planning Commission headed by Justice AP Shah contended that Section 8 of the RTI Act provides for the exception of privacy to the right to information and when contended, the same can be decided by the Information Commissioners applying the public interest test. Therefore, the Privacy Act should in no way circumscribe the Right to Information Act. (Chapter 4, para 4.2, page 29 of 92)
Further, the Report of Justice Srikrishna Committee in 2018 attempted to balance the right to privacy with the right to information by suggesting amendment to the RTI Act by laying down that information must be exempted “only if such information is likely to cause harm to a data principal and such harm outweighs the aforementioned public interest, can the information be exempted from disclosure.” (Page 110 of 213)
From the above analysis it can be seen how time and again the Centre has attempted to whittle down the power of the RTI Act to protect itself. These acts of the Centre are against the basic fabric of a democratic government, accountability and transparency. Citizens’ right to information has been recognized by the Supreme Court as a fundamental right protected under Article 19(1) of the Constitution of India in a catena of judgments, however, the Centre has left no stone unturned to try and dilute the one law protecting that right.
(The legal research team of CJP consists of lawyers and interns; this primer has been worked on by Yukta Adha)