Unconstitutional? Gujarat information commissioner bars 3 from filing RTI pleas

By Pankti Jog*
In a surprise move, Gujarat’s Chief Information Commissioner (CIC) has superseded the Right to Information (RTI) Act, asking a public authority not to accept any RTI applications from three citizens for five years. CIC, Gujarat, DP Thakar, issued an order at a scheduled hearing regarding complaint filed by Chintanbhai, Bharatiben and Dilhariben, banning them from making RTI applications for seeking information for five years.
Issued on January 5, 2021, the order claims the ban has been imposed because the applicants had repeatedly used RTI to pressurize government officials. The order tells the primary health centre (PHC) public information officer (PIO), Jesar, and the chief district health officer (CDHO) Bhavnagar, (appellate authority) not to accept or entertain any RTI plea or appeal for the three citizens from the date the order was issued for the next five years.
This is the first time in RTI’s history in India when an information commissioner has banned any citizen from seeking information from a public authority. As per the RTI Act, an information commissioner has power to only impose penalty or recommend departmental inquiry against a PIO if PIO fails to furnish information. But there is no provision in the Act which bans a citizen from using RTI to seek information.
The order is unconstitutional, as the RTI Act has been passed by Parliament, and under the law, there is no power with any state or Central information commissioner to prevent any citizens from filing RTI or to ask any public authority not to implement the law. The CIC, Gujarat, has misinterpreted a Delhi High Court order, which he has quoted in order to deny a citizen’s lawful right of seeking information. There is nothing in the High Court order justifying such a move.

DP Thakar

In the order on Shail Sahni vs Sanjeev Kumar and Ors, dated February 5, 2014, Justice Manmohan merely observed, "This Court is of the view that misuse of the RTI Act has to be appropriately dealt with, otherwise the public would lose faith and confidence in this 'sunshine Act. A beneficent Statute, when made a tool for mischief and abuse must be checked in accordance with law."
The Gujarat CIC’s order will give free hand to deny information to public authorities in the state. The RTI helpline (9924085000), run by the Mahiti Adhikar Gujarat Pahel (MAGP), has been receiving calls over the last few months, wherein citizens have been complaining that they are being threatened by officials of the State Information Commission not to make repeated RTI pleas or appeals, or else they would be banned from using the RTI Act.
The RTI Act has no provisions to prevent citizen from filing RTI or making an appeal with a public authority. As Gujarat CIC’s order is unconstitutional, MAGP has appealed to the Gujarat Information Commission (GIC) to immediately withdraw it. The order reveals incompetence on the part of those handling GIC in interpreting the RTI Act, as also ignorance about the Act. The Gujarat CIC is incompetent in fulfilling the responsibility given by the Act.
Such an approach of GIC will not only mislead public authorities for denying information but will also make RTI ineffective. If a citizen violates a law, the state is competent enough to take action against her or him under appropriate legal provisionis. But the commission cannot prevent implementation of the RTI Act passed by Parliament by merely citing an incident.
Parliament of the country, through the RTI Act, has sought to protect and enhance citizens’ right to seek information and making governance transparent. MAGP expects that GIC would proactively fulfill its responsibility.
---
*Executive secretary, Mahiti Adhikar Gujarat Pahel, Gujarat

Comments

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat* Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu. He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

What Epstein Files reveal about power, privilege and a system that protects abuse

By Bhabani Shankar Nayak* The Jeffrey Epstein scandal is not merely the story of an individual offender or an isolated circle of accomplices. The material emerging from the Epstein files points to structural conditions that allow abuse to flourish when combined with power, privilege and wealth. Rather than a personal aberration, the case illustrates how systems can create environments in which exploitation becomes easier to conceal and harder to challenge.

Green capitalism? One-billion people in the Global South face climate hazards

By Cade Dunbar On Friday, 17 October 2025, the UN Development Programme released the 2025 edition of its Multidimensional Poverty Index Report . For the first time, the report directly evaluates their multidimensional poverty data against climate hazards, exposing the extent to which the world’s poor are threatened by the environmental crisis. According to the UNDP, approximately 887 million out of the 1.1 billion people living in multidimensional poverty are exposed to climate hazards such as extreme heat, flooding, drought, and air pollution.

From fake interviewer to farmer’s advocate: Akshay Kumar’s surprising role in 'Jolly LLB 3'

By Prof. Hemantkumar Shah* At the luxurious INOX theatre in Sky City Mall, Borivali East, Mumbai, around seventy upper-middle-class viewers attended the 10:45 a.m. screening of Jolly LLB 3. In the film’s concluding courtroom sequence, Arshad Warsi’s character asks the judge whether he would willingly surrender one of his own homes to the government for a development project in Delhi.

Search This Blog