Skip to main content

Examine RTI's exemption categories before releasing human rights violation report: Gujarat's top Info Commissioner

Balwant Singh
By Rajiv Shah
Gujarat’s chief information commissioner Balwant Singh, in a ruling, which is unlikely to be taken kindly by RTI activists, has said that senior IAS official Sanjay Prasad’s two-year-old report on the death of three Dalit youths in police firing of September 2012, may be public, as it relates to a “human rights violation”, but under certain condition.
The release of the report, says Singh, should be done after examining if the report or its portions are under the Right to Information (RTI) Act’s exemption category Section 8(1).
Putting the job of examining this on Gujarat government officials, Singh says, they should find out if any of its portions in the report fall under the “exemption” categories of Section 8(1)(a), 8(1)(c), 8(1)(g) and 8(1)(i).
He underlines, the commission under him “is imposing this condition because the commission has not has not seen the report, which is supposed to be under submission and pending for government’s decision.”
Section 8(1)(a) exempts disclosure which would “prejudicially affect the sovereignty and integrity of India”; section 8(1)(c) exempts disclosure, if it leads to “breach of privilege of Parliament or State Legislature”; Section 8(1)(g) exempts disclosure if it endangers “the life or physical safety of any person”; and Section 8(1)(i) exempts disclosure about “cabinet papers, including records of deliberations of the Council of Ministers, Secretaries and other officers.”
As the commission “is not in a position to decide whether any provisions of the Section 8(1) of the RTI Act will be attracted in this matter”, Singh says, it is the job of the First Appellate Authority, who is Additional Secretary, Law and Order, Home Department, Gujarat government, to do the job.
“He should examine whether any of the above provisions of Section 8(1) will be attracted in this matter. He should also examine whether the report can be disclosed after severing any part of it which contains exempt information under Section 8(1)(a) or 8(1)(g) of the said Act”, he says.
“Before doing this”, Singh says, “The Appellate Authority has to make sure that the provisions of Section 8(1)(c) or 8(1)(i) are not attracted in this matter.” At the same time, it allowed the applicant, Kirit Rathod, a Dalit rights activist who had sought to make public the report through an RTI plea, 45-days time to put forward his position.
Singh imposes these conditions despite the fact that he believes the “special branches of the home Department may be handling a range of issues, but not all of which can be said to affect ‘intelligence and security’ aspects of the state.”
He clarifies, “The inquiry report of Sanjay Prasad may have some effect on law and order issues in certain areas, but it cannot be said to adversely affect the ‘intelligence and security’ matters of the state.”
The death of three Dalit youths sparked statewide protest against the police action, following which the Gujarat government was forced to ask the then social justice and empowerment secretary Sanjay Prasad to examine into the incident. Ever since Prasad submitted his report, Rathod had been seeking to look into its details, but in vain.

Comments

Venkatesh Nayak said…
The SIC's decision is not bad but it is not commendable either. As the appellant has filed a first appeal already and the disposal of that matter was not satisfactory, there is no reason why the SIC must remand the matter back to the FAA again and again. I have two similar matters pending with Delhi HC after CIC agreed that there were allegations of HR violation against CRPF in a case of extra judicial killing but national security applied to may case. These cases are pending since 2013. Next hearing is on 22 Jan.
Unknown said…
15 Feb 2007, 2019 hrs IST , INDIATIMES NEWS NETWORK
People must point out my mistakes: Modi
NEW DELHI:

Reference Modi’s Mistakes Date: 15.11.2007
MISTAKES OF Mr. NARENDRA MODI: Hon. CHIEF MINISTER OF GUJARAT
To: -
Sri Narendra Modi,
Hon. Chief Minister of Gujarat.
Hon. Sirs,
1. Your 1st biggest mistake “You don’t like RTI Act 05 to be implemented in the Gujarat State “
The Gujarat IAS, GAS Bureaucrats are too much reluctant to implement RTI Act 2005 in the State of Gujarat. Till date the GAD has not cancelled the Circular VHS dated 14.11.2005 not to give 'file notings' to an applicant of RTI Act 05. (Refer my E-mail dated 13.10.2007 and 15.10.2007)
Your IAS, GAS Bureaucrats seems afraid in allowing the 'file notings' despite the orders of CIC / all other States CICs as well as Gujarat State Chief Information Commissioner's orders dated 25.10.2006, in case of Mr. P.V.Bhatt VS UD & UH deptt
The GAD Circular dated 14.11.2005 of RTI Cell is issued in the Name of Governor of Gujarat. It means this circular is approved by you. Now this circular is pending from 25.10.2006 with the Committee of Secretaries, Govt. of Gujarat decision’s to be cancelled or not. Till date this circular is not cancelled which might be pending for your approval.
IT SHOWS YOU ARE NOT INTERESTED TO HAVE TRANSPARENCY IN GUJARAT GOVT. WORKING AND the IAS, GAS OFFICERS SHOULD HIDE THE GOVT’s.WRONG orders / decisions.
THIS IS YOUR BIGGEST MISTAKE NOT TO ALLOW RTI Act 2005 TO BE IMPLEMENTED IN GUJARAT OF ITS OBJECTIVES to “MINIMISING CORRUPTIONS and BRINGING ANSWERABILITY; RESPONSIBILITY AND ACCOUNTABILITY OF Officer’s in their working”
Please make Gujarat State Bureaucrats dealing transparent.
2. Your 2nd mistake “You have not appointed LOKAYUKTA to deal with the corruption cases against the Politician. “ In the absence of Lokayukta the public can’t lodge the complaints of corruption cases against the Ministers, MLAs, and Corporators etc for investigations as is the case in other states. (The BJP ruled Madhya Pradesh have Lokayukta who is doing good work).
My almost 20 applications from October 2005 are pending with the Public authority “VMSS Vadodara” who has not giving me 'file notings' and referred my case on 29.5.2007 to GAD of circular dated 14.11.2005 not to give 'file notings'. Refer my e-mail sent on Sat, 13 Oct 2007 12:23 am. Post copy of my mail dispatched to all. (Hon.GSCIC kept Judgments of my 2nd appeals pending)
The VMSS Vadodara officers knows well that if they will give me 'file notings' their rampant corruption and wrong doings from last 15 years will be exposed.
Dr.R.K.D.Goel.
Till Date I am not getting replies of my RTI Act 05 applications from Public Authority Mun. Comm.of VMSS Vadodara despite that the GAD changed their Orders dated 14.11.2006 of File noting Now to be given to an RTI Act 2005 applicants file noting from 2008 BUT all in Vain in Gujarat till date.. My 20 applications are not replied by the Pblic Authority of VMSS Vadodara from December 2005 to date. Rather getting threatsto be killed. This Mr. Modiji Gujarat State,=====The DAD Changed their GR dated 14.11.2006 to give file notings in 2008 to all RTI Act 2005 with details what to do and what not to do.==BUT all in Vain , THe Public authority VMC Vadodara not giving proper replies to RTI Act 05 applicants Rather the VMC PIO /AA even the PA are giving te threats to Kill Or MURDERED a the RTI Act 05 applicants if they will file more RTI Act 05 applications OR INSISTS FOR REPLIES FROM THEM.
THANKS GOD I am not filing any applications any more in Vadodara, as they

TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Overriding India's constitutional sovereignty? Citizens urge PM to reject WHO IHR amendments

By A Representative   A group of concerned Indian citizens, including medical professionals and activists, has sent an urgent appeal to Prime Minister Narendra Modi, urging him to reject proposed amendments to the International Health Regulations (IHR) before the ratification deadline of July 19, 2025. 

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.