Friday, June 27, 2025

RTI ruling upholds citizen rights, bars authorities from demanding in-person visits for information

New Indian Express: Ahmedabad: Friday, 27 June 2025.
The decision came in response to a case involving Dr Divyangi Patel, who runs a multi-speciality hospital on Khergam-Bahej Road.
In a landmark ruling, the Gujarat State Information Commission has reinforced that Right to Information (RTI) applicants cannot be compelled to physically visit government offices either to pay fees or collect information, a move seen as a strong push for citizen convenience and transparency.
The decision came in response to a case involving Dr Divyangi Patel, who runs a multi-speciality hospital on Khergam-Bahej Road. She had filed an RTI application with the Khergam Police Station, seeking updates on a complaint she had submitted.
In return, the Public Information Officer (PIO), a Police Sub-Inspector, informed her that she could collect the information only after making the requisite payment.
However, the officer failed to specify the number of pages involved or outline acceptable payment modes, violating the Gujarat RTI Rules 2010. These rules clearly state that citizens can pay fees through postal orders, demand drafts, government chalans, or pay orders, without the need for a physical visit.
Dr Patel reminded the officer of these provisions but received no response. She then filed a first appeal with the Superintendent of Police, who, according to Pankti Jog, convener of Ahmedabad-based NGO Mahiti Adhikar Gujarat Pahel (MAGP), "was unaware of the PIO’s legal obligations under the RTI framework."
Following this, Dr Patel approached the Gujarat State Information Commission. The Chief Information Commissioner upheld her case and emphasised that forcing citizens to visit offices for payment or information was not just a procedural lapse but a violation of their rights under the RTI Act and Gujarat Rules.
The Commission concluded that such non-compliance amounted to deliberate denial of information and imposed a Rs 5,000 penalty on the PIO.
“This order is critical,” said Pankti Jog. “Citizens often report facing intimidation or uncooperative behaviour when they visit police stations for official purposes. It’s important to highlight that the Home Department received the highest number of RTI applications in Gujarat, 40,263 in 2023–24, according to the Commission’s annual report.”
The ruling is expected to act as a precedent and a deterrent against misuse of power by public officials, especially in sensitive departments like the police.