Manu Moudgil Rti Fellowship Report

Analysing victimisation of RTI applicants and strategies for their protection
ANALYSING VICTIMISATION
OF RTI APPLICANTS AND
STRATEGIES FOR THEIR
PROTECTION
Research report submitted to DoPT, Ministry of Personnel,
Public Grievances and Pensions for the
fulfilment of a research fellowship
MANU MOUDGIL
2012
1
ACKNOWLEDGMENT
It is a pleasure to thank those who made this research possible; first of all I would like to
express my gratitude to Ms. Anuradha Chagti, eputy !ecretary "#$I%, o&$ and Ms.
!arita 'air, (nder !ecretary "I#% for gi)ing me the opportunity to conduct this research.
I am also indebted to faculty members of Indian Institute of &ublic Administration,
including &rof !u*ata !ingh, &rof &ranab +aner*i, &rof olly Arora and r #oma Mitra
ebnath not only for their regular guidance but also for pro)iding the library facilities
for this research.
In addition, I would like to thank the ci)il society organisations, especially Ma,door
-isan !hakti !angathan, Mahiti Adhikar .u*arat &ahel. !ambhaa) and (rmul $rust, for
assistance. /inally, I express my gratitude to se)eral )illagers of #a*asthan and .u*arat
who shared their food and shelter with me.
0
CONTENTS
1ist of figures, tables and graphs............................................................................2
1ist of abbre)iations.............................................................................................. 3
1ist of annexures....................................................................................................14
Abstract55555555555555555555..............5555....10
Chapter 16 Introduction555555555555555555..................17
1.1 Corruption and the #$I Act5555555555............17
1.0 efinition and #ationale of the study.....................................13
1.8 9b*ecti)es of the study............................................................1:
Chapter 06 !cope of study and methodology.........................555555...... 1;
0.1!cope of the study5555555555555...........5555.....1;
0.0 #esearch Methodology55555555555555.............5...01
0.8 ata collection methods5555555555555555..........00
0.7 Analysis of data and results5555555555555555.....08
0.2 !election of case studies55555555555555555......07
Chapter 86 $he transparency mo)ement55555555555......................02
8.1 #ight to information in India...................................................................02
8.0$he +ackground 5555555555555555......................0<
8.8$he grassroots mo)ement........................................................................0;
Chapter 7 1iterature re)iew555555555555....555.................80
7.1$hreat to #$I users..................................................................................80
7.0 #$I users as whistle blowers.................................................................88
8
7.8 #$I users as human rights defenders "=#s%................................................8:
7.7 $he domestic protection mechanism..............................................................8;
7.2 Mo)es by information commissions55555555555..................71
7.3 Courts and go)ernments55555555555555555............77
7.: Community action5555555555555555555.............73
Chapter 2 /indings55555555555555555555.....................7<
2.1 #a*asthan55555555555555555555555...........7<
2.1.1 Mangla #am, +amnor )illage +armer district55555555.21
2.1.0 +abu #am Chauhan, #amgarh )illage, >aisalmer district555...2:
2.1.8 .o)erdhan !ingh, +ikaner city, #a*asthan555555555..31
2.0 .u*arat 555555555555 55555555555............3:
2.0.1 Amit >ethwa, -hamba )illage, Amreli district55555555:1
2.0.0 ?ishram 1axman odiya, !urat5555555555555..:2
2.0.8 !atishbhai #ana, Alina )illage, -heda district55555555::
2.8 MA.&@s #$I helpline55555555555555555...............:;
2.8.1 +haratbhai .ughal and +han*ibhai >ogal, hank )illage5 55..<4
2.8.0 +hadresh ?am*a, !aldi )illage, Amreli district5555555...<2
2.8.8 Michael Martin and +hanu &armar, Anand district, .u*arat55..<;
2.8.7 1essons drawn from MA.&@s helpline5555555555...;0
2.8.2 1imitations of the helpline555555555555555..;8
Chapter 3 iscussion and Conclusion555555555555......................;2
3.1 9b*ecti)es of #esearch and Methodology...................................................;2
3.0 1imitations of #esearch...............................................................................;3
3.8 !cope of further research.............................................................................;:
3.7 iscussion....................................................................................................;:
3.2 !ome important findings55555555555555555..........;<
3.3 #ecommendations5555555555555555555............;;
3.3.1 1essons for authorities5555555555555555.........;;
3.3.0 1essons for #$I users.........................................................................144

+ibliography55555555555555555555555...................140
Annexure555555555555555555555555....................147
7
LIST OF FIGURES, TABLES & GRAPHS
/igure 1 Mangla #am at his home in +amnor )illage, +armer........................23
/igure 0 +aburam Chauhan showing #$I documents......................................34
/igure 8 !atishbhai #ana was mercilessly beaten up for asking
information about cutting of trees......................................................:<
/igure 7 +haratbhai and +han*ibhai at hank )illage in .u*arat....................<7
/igure 2 +hadresh ?am*a ensured regular ration in his )illage.......................<<
/igure 3 Michael Martin at his office in 'adiad town of .u*arat....................;1
.raph 1 $rend in number of #$I applications recei)ed 5.............................03
.raph 0 $rend in #$I applications recei)ed in #a*asthan .............................7;
$able 1 Cases registered against .o)erdhan !ingh.......................................32
2
LIST OF ABBREVIATIONS
AC+ AntiACorruption +ureau
A.& Additional irector .eneral of &olice
A&1 Abo)e &o)erty 1ine
+&1 +elow &o)erty 1ine
C+I Central +ureau of In)estigation
CIC Central Information Commission
CM Chief Minister
C!9 Ci)il !ociety 9rganisation
Cr&C Criminal &rocedure Code
C=9 Chief istrict =ealth 9fficer
9 istrict e)elopment 9fficer
I. eputy Inspector .eneral of &olice
o&$ epartment of &ersonnel and $raining
.& irector .eneral of &olice
!& eputy !uperintendent of &olice
/I# /irst Information #eport
3
/9I /reedom 9f Information
.IC .u*arat Information Commissioners
=# =uman #ights efender
IC Information Commissioners
I.'& Indira .andhi 'ahar &ariyo*ana
I.& Inspector .eneral of &olice
II&A Indian Institute of &ublic Administration
I&C Indian &enal Code
I&9 Indian &ostal 9rder
I&! Indian &olice !er)ice
1&. 1iBuefied &etroleum .as

MA.& Mahiti Adhikar .u*arat &ahel
M1A Member of 1egislati)e Assembly
M-!! Ma,door -isan !hakti !angathan
M'#C.A Mahatama .andhi 'ational #ural Cmployment .uarantee Act
M9 Medical 9fficer
M& Member of &arliament
'AC 'ational Ad)isory Council
'A&M 'ational Alliance of &eopleDs Mo)ement
:
'CM& 'ational Common Minimum &rogramme
'C&#I 'ational Campaign for &eopleDs #ight to Information
'.9 'onA.o)ernment 9rganisation
'=#C 'ational =uman #ights Commission
&! &ublic istribution !ystem
&=C &rimary =ealth Centre
&=# &rotection of =uman #ights
&I1 &ublic Interest 1itigation
&I9 &ublic Information 9fficer
&!I &olice !tation Incharge
&(C1 &eople@s (nion for Ci)il 1iberties
#aa. #ight Assessment and Analysis .roup
#IC #a*asthan Information Commission
#$I #ight $o Information
!C !cheduled Caste
!M !ubAi)isional Magistrate
!=#C !tate =uman #ights Commission
!=9 !tation =ouse 9fficer
<
!IC !tate Information Commission
!& !uperintendent of &olice
!$ !cheduled $ribes
$9 $aluka e)elopment 9fficer
(=# (ni)ersal eclaration of =uman #ights
(- (nited -ingdom
(' (nited 'ations
(! (nited !tates
($ (nion $erritory
?A$ ?alue Added $ax
E=9 Eorld =ealth 9rgani,ation
;
List of Annex!es
1.1 Minutes of CIC@s meeting on suo motu disclosure..........................................I
1.0 Circular issued by Mumbai &olice Commissioner.........................................II
1.8 1etter by #$I acti)ists to Maharashtra CM...................................................?I
0.1 #eBuest for police protection by Mangla #am...............................................F
0.0 /I# registered on complaint of Mangla #am................................................FI
0.8 /I# registered by +armer &olice..................................................................FII
0.7 !M@s report into attack on Mangla #am....................................................FI?
0.2 9rder on special in)estigations into the case of Mangla #am....................F?I
0.3 $he inBuiry report in corruption allegations at +amnor )illage...............F?III
0.: 1etter for action on inBuiry report..........................................................FFFIII
0.< C+ACI report into allegations against +aburam Chauhan.................FFF?III
14
0.; Application for @onAcall security@ by +aburam Chauhan.............................F1
8.1 Court order in .o)erdhan !ingh@s case....................................................F1II
8.0 .o)erdhan !ingh@s complaint to #a*asthan .o)ernor...........................F1?III
8.8 AC+@s report into allegations against
#a*asthan information commissioners........................................................1?
8.7 /I# filed by !atishbhai #ana......................................................................1?II
8.2 Communication between CIC and district collector in
+haratbhaiA+han*ibhai@s case.....................................................................1?III
8.3 1etter to !& in +haratbhaiA+han*ibhai@s case..........................................1F
8.: 1etter to !ecretary, /ood, Ci)il !upplies G
Consumer Affairs epartment ..................................................................1FI
8.< Circular of the /ood, Ci)il !upplies and Consumer
Affairs epartment 5...............................................................................1FIII
8.; .u*arat =igh Court order on pendency at !IC..........................................1F?I
7.1 9rder by first appellate authority in Michael Martin@s case...................1FFFI?
11
A"st!#$t
$he #$I Act has ensured a substantial positi)e change in go)ernment functioning, but it
has not been a cakewalk for the applicants who ha)e regularly been )ictimised for
exposing wrongdoings in public offices. Around 04 cases of murder, 72 cases of assault
and :8 cases of harassment of #$I users ha)e been reported from all across India from
as early as 044:. Most cases of )ictimisation in)ol)e information related to issues of
larger public interest and social welfare schemes. #egistration of false cases, accusations
of blackmailing and other means to harass #$I users are routinely exercised by )ested
interests. $hose li)ing in rural areas are easier targets due to physical proximity with the
accused and remoteness from police, media and ci)il society groups.
A wellAestablished mechanism consisting of set procedures to deal with such cases can
go a long way in guaranteeing safety of applicants. #egular proacti)e disclosure of
information by public authorities under !ection 7"1% of the #$I Act, Buick police action
on complaints of #$I users and monitoring of the in)estigations by a senior police
official can help curb the menace. In)estigations should also be made into the role of the
&I9 and and first appellate authority can help curb the menace. Ehen the information
sought relates to police, the probe into allegations of )ictimisation should be done by an
externalHindependent agency. Monitoring by information commissions, human rights
commissions and the department to which the information pertains can also bring great
benefits. A helpline by information commissions or state go)ernments for protection of
#$I users can go a long way in dealing with the issue.
10
9n the part of applicants, community support has been found to be a great defence
against )ictimisation. #eporting e)en minor threats, keeping proper documentation of
complaints and representations to authorities and networking with ci)il society
organisations and mediapersons can also help a)oid mistreatment. epending on the
information sought, other laws can also be in)oked to ensure protection. /or instance, if
the information sought relates to issues of a minor, the >u)enile >ustice +oard can be
approached for action.
18
C%#&te! 1 Int!o'$tion
In the introductory chapter of this research we will get acBuainted with the role of #$I
Act in exposing corruption and ensuring transparency in go)ernance. $he le)el of
corruption in India, recent cases in)ol)ing misappropriation of public funds and
the role of information commissions as ultimate appellate authorities will be discussed.
$he chapter also pro)ides current context to the topic of study, outlines the need for this
research and the ob*ecti)es that will be achie)ed in the process.
1(1 Co!!&tion #n' t%e RTI A$t
#ecent contro)ersies including the 0. spectrum scam, financial irregularities in
organisation of Commonwealth .ames and Adarsh =ousing !ociety scandal besides
others ha)e brought dark truth of corruption in go)ernance to the fore. $he pre)alence of
corruption in India can be gauged from the Centre for Media !er)ices analysis that
during 0442A14, corruption co)erage in primeAtime bulletins inceased almost by four
times in comparison to news stories.
1

India@s rank fell from <:th to ;2th position in $ransparency International@s 0411 ranking
of nations in corruption perceptions.
0
+esides the in)ol)ement of bureaucrats and
politicians, pri)ate sector has also been found deeply in)ol)ed in abetting corruption.
I$he pri)ate sector is no more a )ictim of corruption in India. Instead, it is instrumental
1 A Comparati)e !cenario6 India Corruption !tudy,0440A4;, CM! India
0 India $ransparency International corruption index blow, ++C 'ews India, ecember 1, 0411
http6HHwww.bbc.co.ukHnewsHworldAasiaAindiaA12;:;373 . Accessed on April 10, 0410
17
"in effecting it% and handAinAglo)e with public officers. Collusi)e corruption, where
officials from public sector undertakings *oin hands with the pri)ate sector, is greatly
present in the Indian business en)ironment, particularly in the power, mining and oil
sectors,J the $ransparency International@s report says.
8

$he use of #$I Act by media and ci)il society organisations in exposing se)eral of the
latest corruption episodes
7
underscores the fact that it is a great tool to ensure
transparency and accountability in go)ernance.
$he right to information at all le)els is a necessary condition to bring about the
accountability necessary for reducing inefficiency and corruption. 9nly when
transparency and accountability through fixing of responsibility are enforced at all le)els
can the march towards genuine de)elopment through full employment begin. "+haduri
044<%
2

$he role of Central Information Commission "CIC% and !tate Information Commissions
"!ICs% also assumes significance in this context as the bodies which formulate policies,
set standards and are also the ultimate appellate authority at centre and state le)els
within the ambit of information system formulated through the #$I Act.
8 Aman !harma, &ri)ate sector also in)ol)ed in corruption6 $ransparency report, Mail $oday, March 00, 0410,
http6HHindiatoday.intoday.inHstoryHgo)ernmentAindustryAnexusAgraftAtransparencyAinternationalH1H1:<<43.html . Accessed on
April 10, 0410
7 Mandakini e)asher !urie, #ight to Information in India6 An Cffecti)e $ool to $ackle Corruption, !eptember 0<, 0411,
http6HHasiafoundation.orgHinAasiaH0411H4;H0<HrightAtoAinformationAinAindiaAanAeffecti)eAtoolAtoAtackleAcorruptionH. Accessed
on April 17, 0410.
2 +haduri, 044<6 .rowth and employment in the era of globali,ation6 !ome lessons from the Indian experience.
12
1(2 )efinition #n' R#tion#*e of t%e st'+
As a new legislation on accountability and transparency, the #$I Act has introduced an
opportunity for common citi,en to Buestion public authorities and get access to official
documents which were hitherto classified under the draconian 9fficial !ecrets Act. $his
drop of posturing by the go)ernment has gi)en a new lease of life to the democratic
character of India where people now ha)e power to scrutinise what their elected
representati)es and administrators are up to.
=owe)er, while the Act has ensured a substantial positi)e change in go)ernment
functioning, it has not been a cakewalk for the applicants who ha)e regularly been
)ictimised for exposing wrongdoings in public offices. $he #$I Act does not
specifically pro)ide for protection of users and though se)eral state go)ernments,
information commissions and the courts ha)e taken note of the seriousness of the
situation, no concrete measures ha)e been formulated to pre)ent the )ictimisation.
Around 04 cases of murder, 72 cases of assault and :8 cases of harassment of #$I users
ha)e been reported from all across India from as early as 044:.
3
!uch incidents not only
defeat the purpose of enBuiry as mandated under the #$I Act but also instill fear in
minds of people who may be potential information seekers. More importantly, the
present security set up has been found wanting when it comes to protection of #$I
applicants. !atish !hetty, who had blown the whistle on a series of land scams in
3 Eikipedia, the free encyclopedia, http6HHen.wikipedia.orgHwikiHAttacksKonK#$IKacti)istsKinKIndia. Accessed on April 04,
0410.
13
Maharashtra, was hacked to death in &une on >anuary 18, 0414. According to
information, !hetty had sought police protection after ha)ing recei)ed threats to his life.
In the abo)e context, it is imperati)e that besides making inter)entions at the policy
le)el, strategies de)ised by the community to deal with this ha,ard should be
disseminated and replicated in other parts of the country.
1(, O"-e$ti.es of t%e st'+
$his research study was undertaken to understand multiple factors that make #$I users
prone to )ictimisation and also to suggest remedial measures.
$o analyse the social, political and financial circumstances which lead to
)ictimisation of #$I users and the role of state machinery in neutralising these
factors.
$o underscore shortcomings in the current administrati)e set up and suggest
remedies for Buick action in cases of threats or incidents of )ictimisation.
$o study the effecti)eness of decisions taken by courts, state and central
information commissions, state go)ernments and security agencies related to
protection of #$I users.
$o re)iew the performance of protecti)e measures initiated by indi)iduals or ci)il
society organisations "C!9s%.
1:
$o suggest measures for collaborati)e approach between the administration, ci)il
society, media and other stakeholders for protection of #$I users.
S//#!+0 $hough #$I Act has helped expose cases of corruption, it has not been a
cakewalk for the users. who ha)e regularly been )ictimised for exposing wrongdoings in
public offices. Around 04 cases of murder, 72 cases of assault and :8 cases of
harassment of #$I users ha)e been reported from all across India since 044:. $he study
will )erify such cases of )ictimisation, analyse shortcomings in the present system and
suggest remedies.
$he next chapter will detail the field areas, method of research, criteria for selection of
case studies, tools for data collection, limitations of research and scope for further
study.
1<
C%#&te! 2 S$o&e of t%e st'+ #n' /et%o'o*o1+
$he chapter outlines the scientific basis for this research study. >ustification will be
pro)ided for selection of the field area and methodology adopted for selection of
samples. 9perational definitions used, methods of data collection adopted and guiding
Buestions put into practice for carrying out unstructured inter)iews will also be
discussed in detail.
2(1 S$o&e of t%e st'+
.u*arat and #a*asthan ha)e been selected as field areas for the purpose of this research.
$he rationale for this selection lies in the strength of #$I mo)ement in these two states.
+oth #a*asthan and .u*arat ha)e a large geographical area with substantial rural set up
and a deepArooted casteAbased society, at least in the )illages. +oth the states also differ
in )arious ways which offers a good contrast to the research. Ehile .u*arat is an
established industrial hub with some of the largest businesses in India
:
, people of
#a*asthan are mainly dependent on tourism, agriculture and daily labour.
#a*asthan was the battleground from where the first call for right to information was
made in mid 1;;4s by the labourers and farmers seeking their right to li)elihood.
"report6 M-!!. 9n the other hand, .u*arat is only second to Maharashtra in reported
cases of murder, assault and harassment of #$I users. Around 04 such cases ha)e come
: Eikipedia, the free encyclopedia, http6HHen.wikipedia.orgHwikiH.u*aratLemographics . Accessed on April 07, 0410
1;
to notice through media reports and other sources in .u*arat.
<

$he neighbouring states also score high on presence of ci)il society organisations
working in the field of right to information and human rights. In #a*asthan, #$I Manch,
under the aegis of M-!!, is a forefront organisation in this field while &eople@s (nion
for Ci)il 1iberties "&(C1% is well known for its efforts towards protection of human
rights. +esides these, there are )arious other districtAle)el organisations, including
+ikanerAbased (rmul $rust, which ha)e been acti)e in the field of #$I.
In .u*arat, Mahiti Adhikar .u*arat &ahel "MA.&% runs an #$I helpline which also
assists those who are harassed for seeking information. $his is the only one of its kind
initiati)e in India which has acted as a goAbetween for the common man and security
agencies. Case of access and fewer linguistic barriers also helped select #a*asthan and
.u*arat as the field area. It is worth noting that the assessment of these two states should
not be seen as representati)e of the whole of India. $hough all the states of India ha)e
similar federal administrati)e structure, they differ in law and order situation and
response to human rights )iolation. /or a full picture of the situation in the country, this
study should be read with existing research and further studies should be done in other
states to complement this research.
< Eikipedia, the free encyclopedia , http6HHen.wikipedia.orgHwikiHAttacksKonK#$IKacti)istsKinKIndia . Accessed on April 07,
0410
04
2(2 Rese#!$% 2et%o'o*o1+
$he study was conducted through Bualitati)e research method since the theory will be
generated through the process of gathering information and looking for patterns. 'ature
of the problem is already known "#$I applicants are being )ictimised%, so the study fell
under causal research looking for parameters affecting safety of #$I applicants. $he
9xford dictionary broadly defines @)ictimisation@ as unfair treatment but this study will
specifically focus on cases of assault, threat calls, intimidation and registration of
complaintsHpolice cases against an #$I applicant subseBuent to filing of the
application"s%. 9nly those case studies which in)ol)ed usage of #$I to help a public
cause ha)e been selected purposefully to a)oid the instances of #$I misuse, if any.
$he target population was all the #$I users li)ing in geographical boundaries of
#a*asthan and .u*arat who ha)e been )ictimised for seeking re)ealing information.
Information about such persons was gathered through media reports and from people
working in the field of #$I in #a*asthan and .u*arat.
>udgement sampling method was used as the sample had been selected based on the
*udgement about some appropriate characteristics reBuired of the sample member. $he
sample was selected only after )erification that use of #$I was the reason for the alleged
)ictimisation. Ehere mixed moti)es were found, it was determined through documents
and personal *udgement based on exhausti)e inter)iews what the dominant moti)e was.
01
2(, )#t# $o**e$tion /et%o's
esk re)iew of existing documents on )ictimisation of #$I users in the country
and protecti)e measures initiated by indi)iduals, ci)il society organisations
"C!9s% as well as go)ernment agencies "policy papers, court orders, affida)its,
representations, memorandums and minutes of meetings of key organisations, for
instance. the Central Information Commission.%. Analysis of documents
pertaining to indi)idual case studies.
1egal re)iew of existing and draft laws regarding right to information, protection
of human rights, whistleblower protection and (' declaration on human rights.
$he re)iew co)ered generic law, including the draft &ublic Interest isclosure and
&rotection to &ersons Making the isclosures Act "Ehistleblower &rotection
+ill%, &rotection of =uman #ights "&=#% Act, 1;;8, sectoral laws including Code
of Criminal &rocedure, 1;:8, Indian &enal Code and Indian C)idence Act, case
law, "e.g. court cases, decisions of information commissions% besides
parliamentary debates.
-ey informant inter)iews with #$I experts and practitioners and other wellA
informed persons in order to get a clearer picture on the research topic.
Media analysis, including a re)iew of media reporting on )ictimisation of #$I
users and protecti)e strategies.
(nstructured inter)iews with )ictimised #$I users, their family members, the
accused party, administrati)e officials dealing with the case.
00
$hough all the inter)iews were unstructured, these were the guiding Buestions in most of
the case studies6
M Ehat was the public cause raised or likely to be raised in the #$I application filed by
the userN
M =ow was the accused party affected or likely to get affected by the disclosure of such
informationN
M Ehat was the mode of )ictimisation usedN
M Any other factor besides #$I which could ha)e been the reason for )ictimisationN
M Ehich public authorityHauthorities andHor security agencies that were intimated about
the instance of )ictimisation and whenN
M Action taken by public authorities andHor security agencies and its impactN
M Any protecti)e measure initiated by the user on hisHher own and its impactN
2(3 An#*+sis of '#t# #n' !es*ts
$he research was carried out between April and >une 0410 and the results of the
assessments were discussed and analysed on monthly basis with the faculty members of
the Indian Institute of &ublic Administration "II&A%. &reliminary findings were also
discussed briefly at a national workshop on best practices in the implementation of the
#$I sponsored by the epartment of &ersonnel and $raining "o&$%, .o)ernment of
India in May 0410. Certain updates were added later on during )etting of the report.
08
2(4 Se*e$tion of $#se st'ies
+ased on preliminary research, four case studies in #a*asthan and 18 case studies in
.u*arat were selected for further in)estigations. More cases of )ictimisation were )isible
in .u*arat because of presence of an intensi)e network of C!9s and indi)idual acti)ists
working in the field area, better communication and transport facilities, larger media
presence and existence of a dedicated #$I helpline run by a C!9.
9f the selected case studies, three cases from #a*asthan and six from .u*arat were found
to be )alid according to the research design adopted for this study. $he imbalance in
selection of case studies is not bound to affect the research findings since the study
focuses on indi)idual cases and does not draw stateAspecific inferences.
S//#!+0 .u*arat and #a*asthan ha)e been selected as field areas because of the
strength of #$I mo)ement in these two states. +oth the states also differ in )arious ways
which offers a good contrast to the research. Oualitati)e research method was adopted
since the theory will be generated through the process of gathering information and
looking for patterns. 9nly those case studies which in)ol)ed usage of #$I to help a
public cause ha)e been selected purposefully to a)oid the instances of #$I misuse, if
any. A total of nine case studies were selected using the *udgement sampling method.
$he next chapter charts out the progress of right to information mo)ement in India.
07
C%#&te! , T%e t!#ns&#!en$+ /o.e/ent
$his chapter charts out the tra*ectory of right to information mo)ement in India )isAaA)is
the international experience. It details the background including legal pronouncements,
ci)il society or peopleDs mo)ement and go)ernment action o)er the years till the
enactment of the #ight $o Information Act 0442. 1essons learnt from other countries are
also incorporated in this chapter.
,(1 Ri1%t to Info!/#tion in In'i#
$he #$I Act came into being after concerted efforts of social acti)ists who sought
amendments in the /reedom of Information Act for greater powers to the people. $he
most heartening fact to be noted after six years is that their trust in common man has
been )indicated. Citi,ens of the country are increasingly arming themsel)es with the
pro)isions of the legislation and turning India into a democratic country in the true
sense. $his is e)ident with the steady increase in number of reBuests for information
filed with )arious public authorities from 9ctober 0442 to March 0411. $he number of
#$I applications with central authorities and (nion $erritories ha)e actually gone up
from 07,783 in 0442A43 to 7,1:,;22 by 0414A11.
;

; CIC annual report, 0414A11, http6HHcic.go).inHAnnual#eportsHA#0414A11.htm . Accessed on April 04, 0410.
CIC annual report, 0442A43, http6HHcic.go).inHAnnual#eportsHA#0442A43.htm . Accessed on April 04, 0410.
02
G!#&% 1 T!en' in n/"e! of RTI #&&*i$#tions !e$ei.e' "et5een 2004 #n' 2010
$he enactment of the #$I Act was a result of the confluence of a )ariety of factors, both
international and domestic. $he legislati)e expression of the right to information has
long been recognised as supporting all other human rights. Article 1; of the (ni)ersal
eclaration of =uman #ights of the (nited 'ations "('%, signed on 14 ecember 1;7<,
states uneBui)ocally6
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.
$herefore, the freedom of opinion and expression which lends )eracity to the right to
information has been unambiguous elements of a historic international law to which
03
India is a signatory. $he (' eclaration gi)es preference to human rights o)er power of
the !tate. =owe)er, e)en before any international declaration on information was
signed, there was already a mo)ement underway in Curope for more transparency in the
functioning of go)ernments. $his mo)ement culminated in legislations ensuring
information access which ha)e set benchmarks for others including India. =ereDs a brief
on these international laws6
S5e'en
!weden has the oldest legislation relating to public access to official documents, dating
back to as far as 1::3. $he right is, in fact, pro)ided in the Constitution itself. $he
principle that disclosure of information is the norm unless it is withheld by specific legal
pro)ision underlies !wedenDs open access regime. ocuments that are to be exempted
from disclosure are defined in the !ecrecy Act.
Fin*#n', )en/#!6 #n' No!5#+
/inland passed the Law on the Pulic !haracter of "fficial #ocuments in 1;21. $he
legal pro)isions benefited from the country being a part of !weden in the 1;
th
century.
+oth enmark and 'orway passed their information access laws in 1;:4.
In all these four !candina)ian countries, citi,ens who ha)e been denied information can
appeal to the court.
Unite' St#tes
$he (nited !tates /reedom of Information "/9I% Act, passed in 1;33, laid out the decree
that access to documents should be a rule rather than an exception. =owe)er, due to
0:
inherent difficulties in enforcing compliance, this Act was amended in 1;:7 and the
onus of *ustifying restriction of access to a document was placed entirely on the
go)ernment. It goes one step further than the laws of other countries by allowing limited
disclosure or the release of all nonAsecret information that can be segregated from the
exempted information in any secret file. $he most potent pro)ision in the (! law is the
power of a *udge to examine whether or not the go)ernment has classified documents
properly. Indian lawmakers and ci)il society groups found some of the earlier Curopean
and American practices familiar. In particular, the pro)ision that applicants do not need
to pro)ide a reason for accessing documents has been adopted in the #$I Act of India.
$he American lawDs pro)isions for disciplinary action, right to inspect documents and
fees for inspection and photocopy ha)e also found a place in the Indian legislation in
some form or the other.
,(2 THE BAC7GROUN)
In India, the mo)ement to realise the right to information occurred in three areas6
1egal pronouncements
Ci)il societyH peopleDs mo)ement
.o)ernment action
$he !upreme Court "!C% has held through )arious *udgments that the right to
information is a part of the fundamental right to freedom of speech and expression under
Article 1; "1% of the Constitution, since the right cannot be properly exercised if the
people did not ha)e the right to information. $he clearest enunciation of the fundamental
0<
right to information was seen in the !upreme Court ruling in the $tate of .P vs. %a&
'arain P"1;:2% 7 !CC 70<Q in which >ustice -.-. Mathew said6
(n a )overnment of responsiility like ours, where all the agents of the pulic must e
responsile for their conduct, there can e ut few secrets. *he people of this country
have a right to know every pulic act, everything that is done in a pulic way, y their
pulic functionaries. *hey +the pulic, are entitled to know the particulars of every
pulic transaction in all its earing. *he right to know, which is derived from the
concept of freedom of speech, though not asolute, is a factor which should make one
wary, when secrecy is claimed for transactions which can, at any rate, have no
repercussion on pulic security. *o cover with veil of secrecy, the common routine
usiness is not in the interest of the pulic. $uch secrecy can seldom e legitimately
desired. (t is generally desired for the purpose of parties and politics or personal self-
interest or ureaucratic routine. *he responsiility of officials to explain or to &ustify
their acts is the chief safeguard against oppression and corruption.
1ater, in $.P. )upta vs. .nion of (ndia P1;<0 !C "17;%Q, >ustice &. '. +hagwati
obser)ed6 *he concept of an open government is the direct emanation from the right to
know which seems to e implicit in the right of free speech and expression guaranteed
under /rticle 01+0,+a,. *herefore, disclosure of information in regard to the functioning
of the government must e the rule and secrecy an exception.
,(, THE GRASSROOTS 2OVE2ENT
$he #$I Act is the result of a popular and widespread grassroots struggle for effecti)e
go)ernance. Ci)il society mo)ements to realise the right to work and li)elihood of
0;
)illagers disco)ered that public money meant for de)elopment pro*ects was being
siphoned off routinely. Eorkers were being denied their wages and classified
go)ernment records were showing that these people had not worked on the pro*ects.
Ma,door -isan !hakti !angathan "M-!!%, which took up the issues of land
redistribution and minimum wages in 1;;4s, understood the significance of transparency
and the right to information. C)ery time the workers asked to be paid the minimum
wage, they were told that they had not done the work, a claim that, they were also told,
was based on records
14
. Ehen the M-!! demanded to see the records, the reply was that
these were go)ernment accounts and therefore secret. And so it was that a simple
demand for minimum wages became a fight for the right to information. $he poor
started to see that they had to be in)ol)ed in the #$I campaign because it was an issue
connected intrinsically to their li)elihood and sur)i)al. 9ne of the slogans born during
the struggle is selfAexplanatory6 R$he #ight to -now, $he #ight to 1i)e.D
A series of demonstrations and public hearings were held to show how local
go)ernments had manipulated the records that affected wages and li)elihoods of
)illagers. In 1;;3, a nationAwide network of senior *ournalists, lawyers, distinguished
bureaucrats, academics and social acti)ists strongly ad)ocated for abolition of the
9fficial !ecrets Act, 1;08 and enactment of a strong right to information legislation at
the Centre. !tarting from the time when !tates were operating right to information laws
in a limited way, and during the period after the #$I Act 0442 was promulgated, there
was a conspicuous upsurge in public response. In 0440, the /reedom of Information
"/9I% +ill was passed but it in)ited criticism from the ci)il society for not being
14 Aruna #oy and 'ikhil ey6 /ighting for the #ight to -now in India, e)elopment ialogue, 1, 0440, p. ::A;4.
84
effecti)e in ensuring transparency in go)ernment functioning. C)en as efforts for a
Central legislation on the right to information continued, se)eral states had already
begun enacting their own access to information laws. =owe)er, neither were these Acts
considered )ery strong tools for enforcing accountability nor were they citi,en friendly.
$he pro)isions for proacti)e disclosure and penalty were not present. In some cases
there was a long list of documents and information exempted from the laws.
$hough the /9I Act was passed by &arliament in 0440 and recei)ed &residential assent
in >anuary 0448, it was not notified and, as a result, was ne)er enforced. In May 0447,
the struggle for the right to information recei)ed some encouragement in the form of the
'ational Common Minimum &rogramme "'CM&%, which promised to make IndiaDs
information access legislation Imore progressi)e, participatory and meaningfulJ. $he
'ational Ad)isory Council "'AC% was set up to fulfil this, among other things. $he #$I
Act came into force within 104 days of its enactment on 9ctober 10, 0442.
S//#!+0 In India, the mo)ement to realise the right to information in)ol)ed legal
pronouncements, peopleDs mo)ement and go)ernment action. $he !upreme Court "!C%
has held through )arious *udgments that the right to information is a part of the
fundamental right to freedom of speech and expression under Article 1; "1% of the
Constitution. Ci)il society mo)ements to realise the right to work and li)elihood of
)illagers also pushed for the transparency in expenditure of public money.
In the next chapter, )arious documents including academic research reports, legal court
orders and administrati)e reports and decisions are re)iewed for better understanding of
the topic.
81
C%#&te! 3 Lite!#t!e !e.ie5
$his chapter offers references to the contemporary studies related to the research topic,
de)elopment in the field of administrati)e reforms and policy making at the state and
Central le)el. raft law on whistle blowers, status of human rights defender in India,
resolutions passed by the information commissions, court orders, action of law and order
agencies, media and ci)il society organisations besides community action will also be
discussed in detail.
3(1 T%!e#ts to RTI se!s
?ictimisation of #$I users is a relati)ely new phenomenon in India which is why there
has not been any systematic study done on the issue so far. $he research study conducted
by the 'ational Campaign for &eopleDs #ight to Information "'C&#I% in collaboration
with the #ight Assessment and Analysis .roup "#aa.% in 044< to assess the
implementation of #$I had also take into account the threat perception of users. It was
found that o)er 74 per cent of the rural respondents term harassment and threats from
officials as the ma*or constraint in exercising their right to information. In urban areas,
12 per cent of the respondents cited harassment from officials and uncooperati)e
officials as the most important constraint. =owe)er, the study did not del)e deeper into
case studies of )ictimisation, shortcomings of the system and protecti)e mechanisms.
$hose who challenge the corrupt ha)e always been threatened, but with #$I it has
80
become easier to challenge and hence the number of cases of )ictimisation are also on
the rise. $here ha)e been se)eral media reports about incidents of harassment, threat,
coercion and )iolence against #$I users and their family members by both state and the
nonAstate actors. Media and ci)il society organisations ha)e particularly been
instrumental in raising the issue of protection of the #$I users with the policy makers.
$he issue has gained great prominence and has been freBuently discussed in the
&arliament, courts and the executi)e meetings. It has now been widely accepted that #$I
users are prone to )ictimisation by those with )ested interests and a protecti)e
mechanism needs to be in place to curb such a practice.
3(2 RTI se!s #s 5%ist*e "*o5e!s
Ehile addressing the 3th #$I Con)ention on 9ct 17, 0411, &rime Minister r
Manmohan !ingh stated 6 SI would like to mention here our initiati)e to enact a
legislation for the protection of whistle blowers which would further strengthen the
#ight to Information. Ee expect this law to be enacted in the next few months and it
would, among other things, help in pre)ention of )iolence against those who seek to
expose wrongdoings in our public administration.S
11

Ehistle blowers play a crucial role in pro)iding information about corruption. If
adeBuate statutory protection is granted, there is e)ery likelihood that the go)ernment
would be able to get substantial information about corruption. In the (nited !tates, in
the postAEatergate era, after the trials and tribulations of aniel Cllsberg, the man who
11 =imanshi hawan, Ehistleblowers Act coming soon6 Manmohan !ingh, $imes of India, 9ctober 17, 0411,
http6HHarticles.timesofindia.indiatimes.comH0411A14A17HindiaH840:<:84K1KrtiAactAinformationAcommissionersAcentralA
informationAcommission, Accessed on >uly 1<, 0410.
88
Iblew the whistleJ on the so called I&entagon papersJ, whistleblowing has not only been
protected by statute but is also encouraged as an ethical duty on the part of the citi,ens.
10
In its 7
th
report the second administrati)e reforms commission emphasised on protection
of whistle blowers exposing false claims, fraud or corruption by ensuring confidentiality
and anonymity, protection from )ictimisation in career, and other administrati)e
measures to pre)ent bodily harm and harassment.
Accusations especially of blackmailing are regularly made against whistle blowers
including #$I users which is why it gets difficult for the security agencies as well as
courts to ascertain good faith. !outh African courts ha)e asserted that Tgood faith is a
finding of fact; Tthe court has to consider all the e)idence cumulati)ely to decide
whether there is good faith or an ulterior moti)e, or, if there are mixed moti)es, what the
dominant moti)e is.
18
Cfforts to bring in a legislation to protect whistle blowers in India ha)e been onAgoing
for some years now. In 0441, the 1aw Commission of India studied the laws that protect
whistle blowers in the (-, (!A and other de)eloped countries and had submitted a
report to the go)ernment. Along with the report the 1aw Commission submitted a draft
bill to protect whistle blowers. Meanwhile, in the absence of a specific law on the
sub*ect, the .o)ernment of India created a mechanism for its employees and those
employed in central public sector enterprises to blow the whistle on wrongdoings.
10 India. Administrati)e #eforms Commission "/ourth% #eport on Cthics in .o)ernance, 'ew elhi6 Administrati)e
#eforms Commission "!econd%, 044:, 174p, Chairman6 M. ?eerappa Moily.
18 .04 AntiACorruption Action &lanA Action &oint :.6 9CC, 0411, 83 p.
87
$he &ublic Interest isclosure and &rotection of Informers #esolution was notified by
the .o)ernment of India in 0447 to enable public sector employees to make disclosures
of wrongdoing to the Central ?igilance Commission in confidence. $his mechanism
only co)ers employees working in the .o)ernment of India or any of its agencies.
17

1aw makers ha)e also included statutory pro)isions to encourage public and official
reporting of crimes or of the intention to commit crimes of corruption. $hese pro)isions
cast reporting obligations on the citi,ens with penal pro)isions in the e)ent of failure to
comply with such obligations. !ection 8; of the Code of Criminal &rocedure "Cr&C%,
1;:8 makes it mandatory for any person to report to a magistrate or officer of the law
any alleged corrupt offence by a public ser)ant failing which he shall be liable for
prosecution. /ailure to gi)e information is also an offence under !ections 1:3 or 040 of
the Indian &enal Code "I&C% which deal with omission to gi)e notice to public ser)ant
by a person legally bound to gi)e it and intentional omission to gi)e information of
offence by a person bound to inform. =owe)er, these pro)isions ha)e remained
ineffecti)e because no mechanisms are a)ailable for protection of the informants.
9b)iously, fear of potential whistle blowers being sub*ected to reprisals by the
perpetrators of corrupt acts, and the inability of the go)ernment to protect their person
and property in the e)ent of such threats are powerful deterrents which far outweigh the
moral pressure of duty as a citi,en.
12

17 ?enkatesh 'ayak, !ecrecy o)er the draft Ehistleblower@s +ill, Accountability India, August 13, 0414 http6HHwww.
accountablityindia.inHaccountabilityblogH1833AsecrecyAo)erAdraftAwhistleblowersAbill, accessed on >uly 1<, 0410.
12 India. Administrati)e #eforms Commission "/ourth% #eport on Cthics in .o)ernance, 'ew elhi6 Administrati)e
#eforms Commission "!econd%, 044:, 174p, Chairman6 M. ?eerappa Moily.
82
!ection 102 of the Indian C)idence Act, 1<:0, also co)ers aspects of the interest and
integrity of the information gi)en in respect of offences. 9fficial communication with
regard to crime is pri)ileged, and a police officer or a magistrate cannot be compelled to
disclose the source of information recei)ed by him with regard to the commission of the
offence.
A law to protect all whistle blowers, including general public, may be a reality in India
)ery soon with the &ublic Interest isclosure and &rotection to &ersons Making the
isclosures Act, "Ehistleblower &rotection +ill% passed by the 1ok !abha in ecember
0411. $he bill is now pending with the (pper =ouse of the &arliament. $he draft &ublic
Interest isclosure and &rotection to &ersons Making the isclosures Act, 0414
"Ehistleblower &rotection +ill% was referred to the epartment related !tanding
Committee of &arliament on &ersonnel, &ublic .rie)ances, 1aw and >ustice "the
Committee% for detailed deliberation. $he Committee sought )iews from the people of
India on the contents of the +ill after placing its contents in the public domain and
subseBuent amendments were made in the draft.
$hough the committee had recommended that a proper mechanism be pro)ided for
protecting all kinds of whistle blowers including #$I users, #$I acti)ists and human
rights defenders, the suggestion has not been accepted(
18
=owe)er, !ection 8 "1% of the
draft bill details that Inotwithstanding anything contained in the pro)isions of the
9fficial !ecrets Act, 1;08 any public ser)ant or any other person or any other person
13 'ayak ?enkatesh, &ublic Interest isclosure and &rotection to &ersons Making the isclosures Act, 0414
"Ehistleblower &rotection +ill%6 An analysis of the amendments introduced by the .o)ernment of India. 'ew elhi6
Commonwealth =uman #ight Initiati)e, 0411, 12 p.
83
including any non go)ernmental organisation, may make a public interest disclosure
before the Competent AuthorityJ, thus #$I users are naturally included in the definition
of whistleAblowers. Clause 7 of the draft has been amended to make the prior written
consent of the whistle blower mandatory before hisHher identity is disclosed to the
=ead of the epartment. Ehere such consent is not forthcoming the whistleblower is
only reBuired to hand o)er all documents relating to the complaint to the Competent
Authority.

$he original )ersion of the +ill did not contain any clause regarding burden of
proof of )ictimisation. As a result of this the whistle blower would ha)e had to pro)e
that heHshe was )ictimised by the public authority. $he standing committee
recommended re)ersal of burden of proof so that the public authority concerned is
reBuired to pro)e that the )ictimisation did not occur. $he amended bill enables the
Competent Authority to penalise any person who does not comply with its directions and
also reBuires rules to be made by the appropriate go)ernment for stipulating the time for
completing inBuiries into a complaint of wrongdoing.
1:
3(, RTI se!s #s %/#n !i1%ts 'efen'e!s 9HR)s:
#$I acti)ists are the most )ulnerable human rights defenders "=#s% of India. =uman
rights defenders are people who either indi)idually or in a group, act to promote or
protect human rights peacefully. I=uman #ights efender can act to address any human
right "or rights% on behalf of indi)iduals or groups; =uman rights defenders in)estigate,
1: 'ayak ?enkatesh, &ublic Interest isclosure and &rotection to &ersons Making the isclosures Act, 0414
"Ehistleblower &rotection +ill%6 An analysis of the amendments introduced by the .o)ernment of India. 'ew elhi6
Commonwealth =uman #ight Initiati)e, 0411, 12 p.
8:
gather information regarding and report on human rights )iolations. $he defenders can
be characteri,ed as acting in support of )ictims of human rights )iolations. $hey work to
secure accountability for respect for human rights legal standards and encouraging a
.o)ernment as a whole to fulfill its human rights obligations. $hus, human rights
defenders make a ma*or contribution, particularly through their organi,ations to the
implementation of international human rights treaties and imparting human rights
education, training and capacity building.J "(', 1;;<%
1<
.
=uman rights defenders are indi)iduals, groups of people or organi,ations who promote
and protect human rights through peaceful and nonA)iolent means. $hey6
i. unco)er )iolations
ii. sub*ect )iolations to public scrutiny
iii. press for those responsible to be accountable
i). empower indi)iduals and communities to claim their basic entitlements as
human beings.
1;
(nlike other =#s, a large ma*ority of the #$I acti)ists are not necessarily part of any
organisation or group. $hey often act alone, mo)ed by outrage against corruption and
other illegal acti)ities. #$I acti)ists are extremely )ulnerable as they li)e in the same
areas as the corrupt public authorities, political leaders and mafia who do not want
information about their illegal acti)ities to be disclosed. $he lucky ones come to the
media attention only when killed, maimed or battling for life.
04

1< (' 1;;<, (nited 'ations eclaration on the #ight and #esponsibility of Indi)iduals, .roups and 9rgans of !ociety to
&romote and &rotect (ni)ersally #ecogni,ed =uman #ights and /undamental /reedoms "commonly known as the
eclaration on =uman #ights efenders. It was adopted by the (' .eneral Assembly in ecember 1;;<%,
1; http6HHwww.amnesty.orgHenHhumanArightsAdefendersHbackground , Accessed on May 14, 0410.
04 Asian Centre for =uman #ights. #$I Acti)ists6 !itting ducks of India, 'ew elhi. 0411, p. 1<.
8<
$he (ni)ersal eclaration of =uman #ights "(=#%, proclaimed by the (' .eneral
Assembly as Ia common standard of achie)ement for all peoples and all nations,J is
regarded as an authoritati)e interpretation of the human rights pro)isions of the ('
Charter.
01
India signed the (=# along with 7: other countries on ecember 14, 1;7<.
"Eikipedia /ree Cncyclopedia "0411%%
00
It encompasses two ma*or categories of human rights6
i. ci)il and political rights, and
ii. economic, social and cultural rights.
$he #$I users, through a mere act of filing an #$I application, ensure accountability and
transparency in functioning of public authorities and in turn protect ci)il, political,
economic, social and cultural rights of all the citi,ens.
3(3 T%e 'o/esti$ &!ote$tion /e$%#nis/
$hough human rights )iolations ha)e been part of the world and Indian history since
time immemorial, it was only after independence that uni)ersal human rights
independent of origin, caste, creed, religion or language were adopted. $he Constitution
of India was in the process of making when the (ni)ersal eclaration of =uman #ights
was adopted by the (nited 'ations .eneral Assembly and many of these rights were
gi)en a concrete shape in our domestic law by incorporating them in &artA8 and &artA7 of
01 (=# "1;7<%6 (ni)ersal eclaration of =uman #ights
00 Eikipedia, the free encyclopedia, en.wikipedia.orgHwikiH=umanKrightsKdefender, Accessed on April 04, 0410.
8;
the Constitution dealing with the /undamental #ights and irecti)e &rinciples of the
!tate &olicy including #ight to life, personal liberty and others !ocial, Cconomic,
Cducational, #eligious and Cultural #ights and #ights to Constitutional #emedies.
"+asu, 1;;8%
08
$he Indian &arliament has enacted the &rotection of =uman #ights "&=#% Act, 1;;8 and
also constituted new mechanism such as 'ationalH!tate =uman #ights Commissions at
the le)el of the (nion and &ro)incial for better protection and promotion of human
rights. $he human rights are defined in !ection 0"1% "d% of the &=# Act, Ithe rights
relating to life, liberty, eBuality and dignity of the indi)idual guaranteed by the
Constitution or embodied in the International Co)enants and enforceable by courts in
IndiaJ. $he functions of human rights commissions include enBuiring suo moto or on
petitions into complaints of )iolations of human rights, re)iew safeguard pro)ided under
the Constitution or any law and study laws, treaties and other international instruments
of human rights and make recommendations for their effecti)e implementations,
undertake and promote research on human rights issues, spread human rights awareness
and encourage efforts of indi)iduals, nonAgo)ernmental organisations working and
media and other ci)il society "human rights defenders% in the field of human rights under
the pro)isions and its implementations of the &rotection of =uman #ights Act in the
country "&=#A, 1;;8%
=owe)er, it has been found that human rights defenders face tough time in the country.
9f 02 cases listed at '=#C website in 0414, ma*ority of the cases against =#s relate
08 +asu . Introduction to the Constitution of India. 'ew elhi6 &rentice =all of India, 1;;8.
74
with police atrocities against human rights defenders.
07
$he defenders are illegally
arrested and detained in police custody. $hey are also abused, misbeha)ed, assaulted,
harassed, humiliated, false charged, tortured and treated inhumanly. In some cases, high
police officials were also in)ol)ed like !&HI.HI.& le)el which indicates ,ero le)el
tolerance and sensiti)ity among police towards human rights defenders.
$he nonAstate actors, including indi)iduals, local politicians and others antiAsocial
elements also indulge in inflicting )iolence against =#s who were in)ol)ed in
exposing cases pertaining to corruption, )iolations of human rights and blackAmarketing
of goods and illegal mining acti)ities. In few cases, the dynamics of police )iolence
reflected such as police collusion with powerful people to nonAregistration of cases,
abused and use of force against human rights defenders. =owe)er, none of the case
under the study had been disposed off nor )ictims got any sort of relief by the 'ational
or !tate =uman #ights Commissions. A few instances of state human rights commission
seeking information about murder of #$I acti)ist ha)e been reported. $he !tate =uman
#ights Commission "!=#C%, .u*arat, sought a report from the director general of
.u*arat &olice and the mines and minerals department on the murder of #$I user Amit
>ethwa.
02
07 -umar -amlesh. efending the defenders6 An analysis of )iolence against human rights defenders in India,
International >ournal of !ociology and Anthropology ?ol. 8"10%, ecember 0411, pp. 734U73<.
02 IA'!, !lain #$I acti)ist@s father wants action against M&, $woCircles.net, August 1, 0411.
http6HHtwocircles.netH0411aug41HslainKrtiKacti)istsKfatherKwantsKactionKagainstKmp.html. Accessed on April 0:, 0410.
71
3(4 2o.es "+ info!/#tion $o//issions
'epal, which followed India in formulation and implementation of the #$I Act, has
redressed the issue of protection of #$I users. According to the 'epalese legislation6 IIt
shall be a responsibility of employee of public agency to pro)ide information on any
ongoing or probable corruption or irregularities or any deed taken as offence under the
pre)ailing laws. If any punishment or harm is done to the whistleblower, the whistle
blower may complaint, along with demand for compensation, to the commission for
re)oking such decision.J
03
.
$hough the Indian #$I Act does not specifically address the issue of protection, the
'C&#IA#aa. study recommends that information commissions "ICs% should recei)e
complaints of threats and attacks as complaints recei)ed under !ection 1<"1%"f% of the
#$I Act and, where prima facie merit is found in the complaint, the IC should institute
an inBuiry under !ection 1<"0% "reasonable ground for inBuiry% read along with !ection
1<"8% "IC granted powers of ci)il court% and !ection 1< "7% "power to examine any
record%.

$he report goes on to suggest that such intimidation, threat or attack can also Bualify as
obstruction and falls within the gamut of !ection 04"1% as an offence liable for penalty.
IEhere the enBuiry establishes the guilt of a person who is a &I9, the IC must impose
such penalty as is appropriate to the case and acts as a deterrent to other &I9s. Ehere the
guilty party is not a &I9, the IC must establish a tradition of passing on the enBuiry
03 !rini)as Madha). #ight $o Information footprints. 'ew elhi6 Centre /or .ood .o)ernance, 044<, 7< p.
70
report to the police, where a cogni,able offence is made, or otherwise to the rele)ant
court, and use its good offices "and its moral authority% to ensure that timely and
appropriate action is taken,J the report recommends.

!ection 1<"0% of the legislation says that if Ithe Central Information Commission or
!tate Information Commission, as the case may be, is satisfied that there are reasonable
grounds to inBuire into the matter, it may initiate an inBuiry in respect thereof.J If the
information commissions would like to use this pro)ision to inBuire into matters of
)ictimisation of #$I users, they may ha)e to go a step beyond their con)entional
pur)iew. In fact, the .u*arat Information Commission ".IC%
0:
has used this pro)ision to
demand action in reported cases of harassment and threat. AhmedabadAbased nonAprofit
group, MA.& has been running a helpline for #$I whistle blowers. $he helpline )oice
records a complaint, transcribes it and forwards it to the state information commission
for action. Ehile the complainant is encouraged to lodge a complaint or /I# at the
nearest police station, the information commission also asks the concerned area !& to
look into the matter. $he in)ol)ement of information commission in the whole process
ensures prompt action by the police.
0<
As a first institutional framework to pro)ide protection to #$I applicants, the Central
Information Commission "CIC% passed a resolution on !eptember 18, 0411. According
to the resolution, if the commission recei)es a complaint regarding an assault on or
0: Charul !hah, /arm hands expose housing scam, whistleblowers threatened in #a*kot, 'A, March 11, 0411,
http6HHwww.dnaindia.comHindiaHreportKfarmAhandsAexposeAhousingAscamAwhistleblowersAthreatenedAinAra*kotK121<313,
Accessed on >uly 1;, 0410.
0< .9I Monitor esk, .etting informed and sur)i)ing the skirmish, .9I Monitor, !eptember 18, 0411,
http6HHwww.goimonitor.comHstoryHgettingAinformedAandAsur)i)ingAskirmish. Accessed on >uly 1;, 0410.
78
murder of an informationAseeker, it will examine pending #$I applications of the )ictim
and order the departments to publish the reBuested information suo motu on their
websites.
0;
$he commission also resol)ed that it will take proacti)e steps in ascertaining the status
of in)estigationsHprosecutions of cases in)ol)ing informationAseekers and endea)ors to
ha)e these processes expedited. "Annex!e 1(1%. =owe)er, there has not been a single
case till now for which this pro)ision has been in)oked. !tate information commissions
ha)e also been taking up cudgels against threat to #$I users from time to time. 9n
!eptember 84, 044<, the -arnataka Information Commission issued instructions to the
irector .eneral of &olice ".&%, +angalore, that police personnel should not )isit #$I
Applicants nor ask them to come to the police station unless they ha)e asked for
inspection of documents.
$his order came on plea of #$I applicant !unil -umar &anchariya who had sought
certain information with regard to a complaint registered at =igh .rounds &olice
!tation. $he petitioner complained that he was threatened by the constable from =igh
.rounds &olice !tation stating that in case he went against local police he would face
the conseBuences. Ehile gi)ing its order, the -arnataka Information Commission
obser)ed that Iit has recei)ed se)eral similar complaints against police stations, wherein
it has been alleged that when an applicant files an application under #$I Act with a
police station, either the constables from the police station repeatedly )isit his house or
he is repeatedly summoned to the police station. Commission is of the )iew that these
0; Anahita Mukher*i, CIC shield to protect #$I crusaders, $imes of India, 9ctober 2, 0411, h ttp6HHarticles.timesofindia.in
diatimes.com H0411A14A42HindiaH8407377;K1KrtiAacti)istA)itthalAgiteApuneArti . Accessed on >uly 1;, 0410,
77
practices are hindering the proper implementation of the pro)isions of the Act and
exercise of the right to information by the citi,ens )isAVA)is police authorities.J
84
3(8 Co!ts #n' 1o.e!n/ents
9n May :, 0414, while hearing the murder case of #$I acti)ist !atish !hetty, the
+ombay =igh Court ordered the Maharashtra state go)ernment to immediately pro)ide
police protection to any person or organisation that complains of threat or use of force or
has been attacked for filing applications under the #$I Act. $he =igh Court also
directed the state go)ernment to set up pro)isions for speedy in)estigation of cases of
threats or attacks against social acti)ists, a monitoring system and a database of social
acti)ists, within ;4 days.
81

Carlier, in a circular dated >anuary 1<, 0414, the Mumbai &olice Commissioner had
called for Buick action into complaints of )ictimisation by acti)ists and immediate
preparation of threat perception report in case protection has been sought by the
complainant. A policeApublic coordination committee in)ol)ing local acti)ists was also
proposed at the police station le)el for better coordination. 9Annex!e 1(2:. $his was
closely followed by a go)ernment resolution issued by the Maharashtra go)ernment.
=owe)er, #$I users claimed that the orders had not been properly implemented. In a
letter to the Chief Minister &rith)ira* Cha)an on >anuary 8, 0411, a group of #$I
acti)ists sought stricter measures including suo moto disclosure of assets and sources of
income of politicians, bureaucrats, *udges G their family members, appeal procedure
84 http6HHwww.rtiindia.orgHforumH1:48:AkarnatakaAsicAissuesAordersApoliceAnotA)isitArtiAapplicants.html , Accessed on May
14, 0410
81 Meena Menon, Ehistleblowers at recei)ing end after using #$I, $he =indu >une :, 0414,
http6HHwww.thehindu.comHnewsHnationalHarticle77<7:;.ece, Accessed on May 10, 0410.
72
rules for #$I in Maharashtra, with a clause that #$I penalty clause "!ection 04% is to be
strictly enforced, strict action against policemen who shirk their mandated duty to
register /I# within 7< hours of filing of a complaint, timeAbound mechanisms for
departmental inBuiry and disciplinary action in complaints by citi,ens about corruption,
misuse of power and nonAenforcement of rules and laws. 9Annex!e 1(,:
$he &un*ab go)ernment has decided to set up a security re)iew committee comprising of
representati)es of =ome epartment, Ad)ocate .eneralDs office and social acti)ists,
including women. $he committee would be headed by the Additional irector .eneral
of &olice "A.&%, !ecurity. $he mo)e came after a public interest litigation was filed by
Ad)ocate =. C. Arora in the &un*ab and =aryana =igh Court seeking directions to
&un*ab go)ernment, =aryana go)ernment, ($ Chandigarh Administration and the
(nion of India to frame a policy for protection of #$I acti)ists. Meanwhile, =aryana
go)ernment drew flak from the court for not taking same steps as &un*ab and the
di)ision bench obser)ed that the Icourt had expressed its pro)isional )iew that the
forums which ha)e to consider the reBuests for granting protection to #$I Acti)ists
should be broad based.J
80

3(; Co//nit+ #$tion
#$I Anonymous, a group of citi,ens working through web portal www.getup7change.com,
has been addressing the issue of protection for #$I users through community initiati)e.
$he concept works on the basis of proxy application. $his helps offer anonymity and
benefit of distance from the issue at hand.
80 Cxpress 'ews !er)ice, !hielding whistle blowers6 &un*ab gi)es teeth to panel, Indian Cxpress April 0<, 0410, http6HHww
w .indianexpre ss.comHnewsHshieldingAwhistleAblowersApun*abAgi)esAteethAtoApanelH;707<;H4 . Accessed on >uly 1<, 0410.
73
Anybody willing to procure information from any public authority can submit an online
reBuest to #$I Anonymous, with details of the public information officer and his set of
Buestions. A )olunteer expert helps draft the application which can then be submitted to
the public authority by any )olunteer based in India. $he applicant is generally based in
a city distant from the location of public authority so that the magnitude of possible
threat is reduced. 9nce he recei)es the reply, the documents are uploaded on the website
which can then be downloaded by the original reBuester. $he information is made
publicly a)ailable on the website for lawyers, *ournalists, researchers and general public.
$his action also helps decrease the le)el of threat since anybody can ha)e access to the
hitherto concealed information. $hough the group does recei)e reBuests through post
too, most of the users use their online platform which why its reach is limited. !e)eral
indi)iduals as well as ci)il society organisations ha)e also been experimenting with this
idea of proxy applicant, prompt public release of the information and submission of
same information reBuest by multiple applicants to nullify the security threat.
88
S//#!+0 As a first institutional framework to pro)ide protection to #$I applicants,
the CIC has passed a resolution that in case of an assault or murder of an informationA
seeker, it will examine pending #$I applications of the )ictim and order the departments
to publish the reBuested information suo motu on their websites. $he .u*arat
Information Commission has also been taking action in such cases under !ection 1<"0%
of the #$I Act which gi)es the commissions powers to inBuire in case of reasonable
88 'andini 9,a, /atal Information, $he Eeek May 0, 0410, http6HHweek.manoramaonline.comHcgiA
b inHMM9nline.dllHport alHepHtheEeekContent.doNprogramIdW14:8:27;44GcontentIdW11218222 .
Accessed on May 10, 0410.
7:
grounds. In response to a public interest litigation, &un*ab go)ernment has decided to set
up a security re)iew committee to handle cases of )ictimisation of #$I users. In its 7th
report the second administrati)e reforms commission emphasised on protection of
whistle blowers and a law to this effect is pending with (pper =ouse of the &arliament.
$he next chapter will include the findings of field research including factual details and
information gathered from inter)iews with )arious stakeholders in the field area of
#a*asthan and .u*arat.
7<
C%#&te! 4 Fin'in1s
$his chapter will present the detailed case studies including factual details, information
gathered from official documents, media reports and inter)iews. $he selection and
analysis of each study will be done by using the methodology discussed before and
inferences will be drawn. &erformance of )arious protecti)e methods used by ci)il
society organisations and indi)idual #$I applicants will also be analysed.
4(1 R#-#st%#n
#a*asthan is the largest state of India lying on north western frontier of the country with
an area of 870,03; sBuare kilometres and population of 3<.3 million, according to 0411
Census.
87
uring recent years, #a*asthan has made significant progress in the area of
education as its literacy rate of #a*asthan increased significantly from 8<.22 per cent in
1;;1 to 3:.43 per cent in 0411.
#a*asthan was the battleground from where the first call for right to information was
made in mid 1;;4s by the labourers and farmers seeking their right to li)elihood.
"report6 Ma,door -isan !hakti !angathan "M-!!%%. ue to its )ast geographical
expanse, a large number of people reside in far flung areas with many of the )illages
lacking approach roads. =owe)er, since the #$I mo)ement was powered by the
residents of these )ery nondescript )illages, the awareness le)el about right to
information is comparati)ely higher among the rural population of the state as 1; per
87 Eikipedia, the free encyclopedia, http6HHen.wikipedia.orgHwikiH#a*asthan. Accessed on May 10, 0410.
7;
cent
82
of them are aware of the #$I Act against 18 per cent national a)erage.
83

#$I Manch, under the aegis of M-!!, is a forefront organisation in this field while
&eople@s (nion for Ci)il 1iberties "&(C1% is well known for its efforts for protection of
human rights. +esides these, there are )arious other districtAle)el organisations,
including +ikanerAbased (rmul $rust, which ha)e been acti)e in the field of #$I. 9)er
the years, the number of #$I applications filed with )arious public authorities has seen a
steady increase in #a*asthan. /rom ;,174 in 0443A4:, the number of applications
submitted rose to 72,314 in 044;A14.
G!#&% 2
T!en' in RTI #&&*i$#tions !e$ei.e' in R#-#st%#n "et5een 2008<10
82 /i)e Xears of #$I in India6 Challenges and opportunities in #a*asthan. >aipur6 Consumer (nity G $rust !ociety, 0414
83 (nderstanding the I-ey Issues and ConstraintsJ in implementing the #$I Act, 'ew elhi6 &rice Eaterhouse Coopers,
044;.
24
2006-07 2007-08 2008-09 2009-10
0
5000
10000
15000
20000
25000
30000
35000
40000
45000
50000
9140
19846
28790
45610
Total RTI applications received in Rajasthan
=owe)er, the #a*asthan Information Commission "#IC% has been facing rough weather
related to matter of pendency. $here is only one chief information commissioner and not
a single information commissioner in the #IC which has led to increase in number of
pending appeals to more than <,444 and the time of disposal shooting to o)er one year.
8:

$he approach of #IC on cases of )ictimisation of #$I users is not proacti)e. uring an
unstructured inter)iew, Mr $ !rini)asan, the present chief information commissioner
appointed in 0411, expressed ignorance about se)eral cases which ha)e been highlighted
by the media time and again. Mr !rini)asan had knowledge regarding *ust one recent
incident in which a former sarpanch had been assaulted for complaining about
corruption in M'#C.A works at Ankhisar )illage of +ikaner district. In this particular
case, the commission had formally written to the state home department reBuesting
appropriate action but Mr !rini)asan ruled out any suo moto action on the part of the
commission. =e also ruled out any collaboration with ci)il society organisations since
according to him Ithere are not many cases of )ictimisation of #$I users in #a*asthan.J
8: $'', #a*asthan =igh Court notice to go)ernment o)er nonAappointment of information commissioners, $imes of India,
May 12, 0410, http6HHarticles.timesofindia.indiatimes.comH0410A42A12H*aipurH81:14;1<K1KricAinformationAcommissionerA
appointment . Accessed on May 04, 0410.
21
4(1(1 C#se st'+ =1
2#n1*# R#/, B#/no! .i**#1e, B#!/e! 'ist!i$t

Around 20 km from +armer district town, a long winding road passes through )ast,
uninhabited expanse before reaching a dusty )illage of +amnor. Eith a population of
around :,444, the settlement seems to be located in the middle of nowhere, *ust like
se)eral other )illages of #a*asthan. $he nondescript )illage grabbed national headlines
when Mangla #am, who sought information from his panchayat on de)elopment works,
was brutally beaten up at a gram sabha meeting on March 8, 0411.
It all started in 0443, when Mangla #am, at that time working as a labourer in .u*arat,
got to know that a house under Indira Awas Xo*ana had been allotted to him. =e was
re*oiced since that would ensure a pucca house and ownership of the part of gauchar
"pastoral% land they ha)e been li)ing on along with se)eral other underpri)ileged
families of the )illage. =owe)er, the sarpanch, !yed .hulam !hah, allegedly asked for
24 per cent commission from the grant and when Mangla #am refused to share the
amount, the grant was denied.
Mangla #am decided to take the sarpanch to task and started using #$I in 044; along
with a couple of friends to access information related to )arious de)elopment works
done in the )illage since 0441. =e was asked to submit #s 74,0<0 upon which he
approached the #a*asthan Information Commission with the plea that since he was a
+&1 person the information should be pro)ided for free. $he commission ordered that
first 144 pages of the information should be gi)en for free.
20
&ee)ed by this, the sarpanch complained to the district collector seeking remo)al of
encroachments from the gauchar land of the )illage which meant uprooting all the
families staying there. Ehen the antiAencroachment team came to demolish the
dwellings on /ebruary 02, 0411, Mangla #am and his friends reasoned that they had
been staying on the land for decades and despite repeated reBuests, the panchayat was
not willing to discuss the agenda for regularisation of these dwellings during its
meetings. $he tehsildar accepted the contention and only new encroachments were
remo)ed. $his further created a rift between the two sides and the sarpanch allegedly
threatened Mangla #am.
9n /ebruary 0<, 0411, Mangla #am met the !uperintendent of &olice, +armer, and the
district collector with an application "Annex!e 2(1% seeking security and apprised them
of the irregularities in de)elopment works done at the )illage. 9n March 8, a meeting of
social audit was con)eyed at the panchayat ghar and when Mangla #am entered the
premises, he was allegedly assaulted by the sarpanch and his supporters with sharp
edged weapons and sticks. Mangla #am had to be rushed to the hospital with se)ere
in*uries including multiple fractures. An /I# "Annex!e 2(2% was registered against
.hulam !hah under !ections 77< "house trespass%, 871 "wrongful restraint%, 808
")oluntarily causing hurt% and 84< "attempt to commit culpable homicide% of I&C and
!ection 8"1%"14% "intentional insult or intimidation with intent to humiliate a member of
a !CH!$ within public )iew% of the !chedule Caste and !chedule $ribe "&re)ention of
Atrocities% Act, 1;<;.
'ext day, a police team )isited the )illage and found four persons, Ali -han, >ila -han,
28
=amira alias +huta and >amil, creating nuisance and threatening to kill Mangla #am.
$hey were arrested under !ection 121 "arrest to pre)ent the commission of cogni,able
offence% and !ection 14: "to ensure peace in the area% of the Cr&C "Annex!e 2(,%.
=owe)er, no arrest was made of .hulam !hah. 1ater, the police claimed that the
sarpanch was not e)en present on the spot when the attack took place and it was Mangla
#am who in)ited trouble by indulging in name calling against !hah, which was ob*ected
to by the sarpanchDs supporters who also thrashed him. $he four persons arrested earlier,
owned up to assaulting Mangla #am. 9n the other hand, the )ictim claimed that !hah
was present since the meeting could not be conducted in his absence.
$he incident got highlighted in state and national media upon which an inBuiry by !M,
.udamalani, was instituted. $he !M report "Annex!e 2(3% also )erified the presence
of sarpanch when the incident took place and recommended a highAle)el inBuiry into
allegations of corruption in the de)elopment works done under )arious welfare schemes.
Carlier, !uperintendent of &olice "!&% !antosh Chalke had claimed that upon receipt of
Mangla #amDs complaint, the sarpanch had been issued a warning before the incident.
=owe)er, this claim was rubbished in the !MDs inBuiry report. !oon after, the !&
changed his stance claiming the application for security was caught in procedural delays.
9n March 7, 0411, &rincipal !ecretary and >oint !ecretary "M'#C.A% ordered special
in)estigation "Annex!e 2(4% by a team headed by >oint irector "!ocial Audit% into the
de)elopment works done in the )illage between April 1, 044: and ecember 81, 0414
under M'#C.A as well as Indira Awas Xo*ana. Members of )arious ci)il society
organisations including dalit groups staged a massi)e dharna at district headBuarters for
34 days beginning March :, which included silent protests and public rallies. $he district
27
collector assured Buick action and also sanctioned #s 02,444 as medical compensation
to the )ictim, who was still reco)ering from his in*uries at a .u*aratAbased hospital.
$he inBuiry team found se)eral irregularities and unaccounted money amounting to #s
;,3:,:<1 "Annex!e 2(8:. .laring wrongdoings including bogus bills, 21 missing or low
Buality water tanks, irregularities in construction of 04 dwellings under Indira Awas
Xo*ana and no collection of tax or ?A$ from unregistered firms, were noticed. $he under
construction houses were also sanctioned only after constitution of the inBuiry. $wo
+amnorAbased firms which were supposed to ha)e supplied the construction material
during three years did not exist. 9ne of the recipients of payment worth #s 82.;3 lakh
was Chana -han Mussa -han, the dri)er of the sarpanch, who actually belongs to +&1
category and has a kutcha house. =owe)er, no action was taken against the culprits as it
was claimed by local M1A that the probe was impartial and the sarpanch and other local
officials had not been gi)en an opportunity to submit their )iews. A districtAle)el inBuiry
was demanded. !ubseBuently, another inBuiry was marked on April :, 0411, to the
district collector who ga)e the charge to !M, Chauhatan. $he inBuiry team found that
the unaccounted for money was #s 8,31,:24 instead of the earlier calculated #s
;,3:,:<1, but irregularities in allotment of work to bogus companies besides incomplete
and missing work were confirmed.
9n May 1;, 0411, Mr C ! #a*an, &rincipal !ecretary "#a*asthan #ural e)elopment
and &anchayati #a* epartment% wrote to district collectorAcumA district programme
coordinator "M'#C.A% for reco)ery of the unaccounted money and disciplinary
proceedings against the sarpanch, gram sewak and technical assistantAcumAassistant
engineer "Annex!e 2(;%. =owe)er, despite all this, no action was taken against those
22
found guilty whereas Mangla #am is yet to reco)ery fully from his in*uries. octors
ha)e inserted steel rods in his legs but he has not regained his full strength, which he
fears might ne)er be possible.
$he sarpanch, !yed .hulam !hah, not only en*oys a good financial status but also has a
considerable political clout as the religious head of a si,eable Muslim community of the
area. 1ocal politicians and M1A are belie)ed to be backing him to a)oid loss of mass
support during elections. 9n the other hand, Mangla #am belongs to scheduled caste
and +&1 category, which does not ha)e much political base in the area. $hough he is
getting financial and moral support from certain dalit organisations based in +armer
town, Mangla #am continues to li)e in fear. !e)eral reBuests by him to the police for
registration of an /I# against the accused went unheeded.
#ecently, on August 7, 0410, Mangla #am approached the district magistrate seeking
directions to the police for registration of an /I# against the sarpanch, gram sewak and
technical assistantAcumAassistant engineer citing the inBuiry reports pro)ing corruption
on their part. 9n August <, 0410, the magistrate issued directions to the police under
!ection 123"8% of the Cr&C for inBuiry into the allegations of corruption.
23
Figure 1 2angla %am at his home in 3amnor village, 3armer.
Con$*sion0 $his is an extreme case of )ictimisation where the *ustice has been denied
till now despite subseBuent inBuires indicting the high and mighty of indulging in
corruption. &olitical compulsions seem to be preferred o)er law of the land in +amnor.
1ittle consolation can be drawn from the fact that se)eral de)elopment works, which
were only listed in papers, were done after the corruption was highlighted. $he support
of dalit social organisations has moti)ated Mangla #am to get an /I# registered against
the accused recently but it remains to be seen how seriously police deals with the case.
2:
4(1(2 C#se St'+ =2
B#" R#/ C%#%#n, R#/1#!% .i**#1e, >#is#*/e! 'ist!i$t
$his border town with a population of around 04,444 is the last settlement where the
water from Indira .andhi 'ahar &ariyo*ana "I.'&% is used to irrigate fields thus
bringing greenery to the desert area. $he land around the canal is allocated to landless
farmers on subsidised rates. =owe)er, land mafia has gained foothold in the area with
many deser)ing farmers not being awarded the titles. !chool teacher +aburam Chauhan
took upon himself to get the encroachments remo)ed by using the #$I Act. =is untiring
effort saw 84 )illagers getting the land allotted but there are 044 others still awaiting the
benefit.
It was in 0443 that Chauhan first used the #$I Act to access information about delay in
disbursement of monthly salaries to teachers of #a*i) .andhi &athshala in nearby
Mohangarh panchayat. +ased on the information pro)ided, he complained to the district
collector who put the district education officer on show cause notice and subseBuent
salaries were disbursed on time. $his ga)e him a confidence boost and Chauhan decided
to use #$I to address the issue of land allotment in the I.'&Ds command area in March
044<.
!ince he was fighting for a public cause, Chauhan in)ol)ed the community in his work
from the )ery first day. Around 044 )illagers, who were awaiting land allotment,
contributed money to support ChauhanDs effort who also trained them in filing of #$Is
and scrutinising the details. 9f the total :4 applicants filed till now on the issue, 74 ha)e
2<
been submitted by him and 84 were submitted by other )illagers he trained. Chauhan has
also kept accounts of the donated money open for anybody to inspect. !ubstantial
community support from the )ery initial days helped Chauhan sail through difficult
times too.
$he information accessed through last four years of consistent efforts has been re)ealing
as it was found that around 1:,8<4 hectares were under encroachment by the land mafia.
$he encroachers were not only making a neat profit of #s 1 lakh per 02 bigha "3.80
hectare%, they were also siphoning off the canal water presumably in conni)ance with
local re)enue officials. According to rules of land allotment, 84 per cent Buota is fixed
for those belonging to scheduled castes "!C% and scheduled tribes "!$%. =owe)er, only
1< per cent of the Buota reBuirement had been met.
$he offenders felt threatened by such information getting public and tried to thwart the
mo)ement by sending letters to administration officials, including the district collector
and district magistrate, accusing Chauhan of being a &akistani spy helping the
neighbouring country by procuring maps of the I.'& canal area under the #$I Act.
!eparate inBuiries were initiated into the allegations by the C+ACI and the education
department in 0414.
$he C+ACI report "Annex!e 2(?% submitted in >une 0414 mentioned that the
allegations were baseless as the complainantDs name and address were found to be fake
and Chauhan was only procuring information related to land allotment instead of the
canalDs structural plan. $he education department also found his conduct to be
satisfactory. uring these inBuiries, )illagers came out in full support of Chauhan and
2;
submitted a memorandum to #amgarh police station !=9 on this issue. $he mo)ement
was further strengthened in >uly 0414 when acting on se)eral representations based on
information accessed using the #$I Act, 84 )illagers were allotted the land.
isappointed by failure of their plan, the land mafia started threatening Chauhan with
dire conseBuences if he went ahead with his work against encroachments. =owe)er,
undeterred by these threats, Chauhan acted promptly and submitted an application to the
!uperintendent of &olice on !eptember 1, 0411, seeking @onAcall security@ from the
administration "Annex!e 2(@%. In the application, he named the prime suspect who was
asked to execute a bond that he or his supporters would not harm Chauhan.
$he 80AyearAold school teacher also decided to change his strategy to deal with the issue.
Instead of seeking action against encroachments on )acant plots, he stressed on
allotment of )acant land to the deser)ing candidates. ue to his consistent efforts,
Colonisation Commissioner "+ikaner% has now accepted the fact that 1:,8<4 hectare of
the land is )acant and !CH!$ applicants ha)e not been gi)en their due share. $he
)illagers ha)e also hired a lawyer to get a court stay if the )acant land is allotted to
somebody else.
$hough real action on the ground is still awaited, Chauhan has definitely made the
authorities acknowledge the discrepancies in the system. Ehat keeps him going is the
impro)ement in li)ing standard his family experienced due to a small piece of land. In
his own words6 I$hough my family was poor, I was able to study and get a go)ernment
teacherDs post because my father tilled a small piece of land. >ust imagine how many
underpri)ileged families will be able to impro)e their li)es this way if the land is
34
allotted according to rules.J
Figure 2 3auram !hauhan showing %*( documents.
Con$*sion0 Chauhan in)ol)ed the community in the information seeking process
instead of *umping into the fray alone. $his not only helped ease the financial burden but
also ensured that he was not an easy target for )ested interests. &rompt action in
approaching the authorities on receipt of threat calls and a clean image in society also
helped his cause.
31
4(1(, C#se st'+ =,
Go.e!'%#n Sin1%, Bi6#ne! $it+, R#-#st%#n
+ikaner is located in the northwest of #a*asthan around 884 km from the state capital,
>aipur. $hough it is situated in the middle of the $har desert with )ery little rainfall and
extreme temperatures, the Indira .andhi Canal, completed in 1;<:, has led to growth of
agriculture in the area. According to Census India 0411, the cityDs population is 3,7:,<47
with 8,74,<;7 males and 8,43,;14 females. A)erage literacy rate of +ikaner city is :;.<3
percent of which male and female literacy are <:.12 and :1.:: percent.
/amous for its delicious sweets, namkeens and other tangy snacks, +ikaner also shares a
sweet and sour relation with #$I. Ehile users cite se)eral incidents of corruption being
exposed with help of the transparency law, officials claim the law is being misused to
ser)e personal interests, settle scores and to blackmail. $he district collector has earlier
been fined #s 02,444 by the #a*asthan Information Commission for failing to reply to an
#$I Buery related to deployment of election officers during 044< Assembly elections
8<

while the present and pre)ious chief information commissioners are also battling
accusations of forgery in a case filed by a +ikaner resident.
At the centre of this contro)ersy is 87AyearAold .o)erdhan !ingh, who has been accused
of indulging in )endetta and blackmailing against businessmen, educational institutes as
well as go)ernment officials, by using the #$I Act. 9n the other hand, !ingh claims that
his efforts ha)e re)ealed corruption in the society and he is being targeted for his good
8< $'', +ikaner collector fails to reply under #$I, fined, $imes of India, http6HHarticles.timesofindia.indiatimes.comH0414A
43A42H*aipurH0<0:217;K1KbikanerAassemblyApollsAdistrictAcollector , >une 2, 0414. Accessed on August <, 0410.
30
work.
It is also pertinent to mention here that .o)erdhan !ingh is a reco)ery agent for
telecommunication companies and has been accused of high handedness with cases of
)oluntarily causing hurt, wrongful restraint, robbery and criminal breach of trust being
registered against him. =owe)er, in many of these cases he has been acBuitted or claims
to ha)e been )ictim of a conspiracy. $his research study follows the tenets of Indian law
which holds e)erybody eBual when it comes to protection of rights of a citi,en
irrespecti)e of hisHher antecedents. Also, this case study meets the criteria set for
inclusion in this research.
$he district officials also confirm that .o)erdhan !ingh has been an acti)e user of #$I
and though they term his inter)entions to be a nuisance, the fact that his claims are based
on authentic documents is widely accepted. istrict collector r &rith)ira* !ankhala says
!ingh picks up loopholes in the system through #$I and then exploits them.
$he high point of this contro)ersy was /ebruary 0414 when nine cases were filed
against !ingh within a span of 73 days. Cases were also filed against his family
members, friends and lawyer while his house was sealed and car confiscated by the
police. !inghDs tryst with #$I began in 0443 and he started using it to bring out
incriminating details about )arious business houses, newspapers, administration officers
and educational institutes. !hanti &rasad and his brothers who run three local )ernacular
newspapers and a gas agency in +ikaner ha)e been at the recei)ing end of his work.
!ingh procured details related to circulation claimed by the newspapers and go)ernment
ad)ertisements allotted to them. iscrepancies were found in the copies printed and
38
circulation claimed. $he case is pending with the antiAcorruption bureau as !ingh
claimed that go)ernment officials were unduly fa)ouring the publications. Another case
has also been filed against the gas agency run by the family for selling 1&. cylinders in
black and outAofAturn refilling of the cylinders. !ingh also made a complaint to the
district collector against !hantiprasadDs brother Madan !harma accusing him of getting a
post of ga,etted officer through unlawful means since he was originally appointed as a
temporary worker.
!hantiprasad claims that he and his brothers had been targeted because he did not oblige
!ingh when he asked for supply of 1&. cylinders in black. $he dispute has intensified
with submission of )arious cases and cross cases. Among the nine cases filed against
!ingh in 0414, two were by !hantiprasad and his family. A case was filed on a
complaint by !hantiprasad alleging extortion by !ingh on /ebruary 0, 0414, while
another case of extortion and defamation was filed by his brother Mohan !harma on
/ebruary 01, 0414. $he latest case between the two parties was filed on April 12, 0410
with !hantiprasad and his family claiming that !ingh forcibly entered their house and
molested the women. 9n the other hand, !ingh claims that !hantiprasad and his family
members kidnapped him and tried to eliminate him.
!ome of the other important cases where #$I was used by !ingh to re)eal corruption
included the contro)ersy in)ol)ing former district collectors !hikhar Agrawal and
!hreya .uha who were accused of misusing their official position to make hefty
payment of electricity and water bills of their residences from go)ernment excheBuer. In
yet another case, tax e)asion by +ikanerAbased #ashtriya !ahayak ?idayalya !ansthan
in conni)ance with officials of the 9riental +ank of Commerce came to light. Another
37
re)elation was related to the officials of sale tax department of +ikaner who were found
flouting go)ernment rules by using pri)ate )ehicles while conducting raids.
Irregularities in staff appointments and financial transactions were also found at the
.o)ernment Cngineering College of +ikaner because of information accessed by !ingh
using the #$I Act. $he college principal later filed a case against him alleging extortion,
assault to deter public ser)ant from discharge of his duty and intentional insult with
intent to pro)oke breach of trust.
It is belie)ed that when !ingh started procuring information on property details, ser)ice
records and dispatch register related to Additional !& !atish Chandra and !=9, >'?
'agar, Amir =assan, he was targeted and nine cases were slapped against him. It needs
to be mentioned here that contrary to media reports, the #$I application for seeking this
information was not filed by !ingh but by his cousin =anuman !ingh on 'o)ember 2,
044;. =owe)er, since !ingh and =anuman ha)e been working together for a long time
and it can be accepted that the police officials might ha)e decided to go after !ingh.
Also, it should be noted that =anuman and other of !inghDs friends and family members
were also charged in different cases. &olice teams confiscated his car claiming it to be
stolen while his house was sealed. $he police also claimed to ha)e confiscated fake
currency from the house and found obscene images of women on !inghDs computer
which were allegedly being used to blackmail them.
It was also found that while all the nine cases filed against him were by those who could
ha)e been itching to get back at !ingh, the complainants also acted as witnesses in each
otherDs case. =ereDs a list of cases registered against .o)erdhan !ingh between /ebruary
32
0, 0414 and April 1<, 04146
T#"*e 1 C#ses !e1iste!e' #1#inst Go.e!'%#n Sin1%
ate Complainant Charges Carlier connection
0H0H0414 !hantiprasad !harma I&C 8<7 "Cxtortion % 9wner of gas agency against
which a case has been filed
for selling 1&. cylinders in
black market. 9ne of the
brothers Madan !harma
accused of gaining post of
ga,etted officer through
unlawful means.
10H0H0414 M & &oonia I&C 8<7 "Cxtortion%, 828
"assault to deter public
ser)ant from discharge of his
duty% and 247 "intentional
insult with intent to pro)oke
breach of trust%
College principal against
whom allegations
irregularities in staff
appointments and financial
transactions were made based
on information accessed
using the #$I Act
13H0H0414 -undanlal +ohra I&C 8<7 "Cxtortion% 9ne of the sales tax officers
against whom a case was
registered with AC+ for
using pri)ate )ehicles during
raids against go)ernment
rules.
01H40H0414 Mohan !harma I&C 8<7 "Cxtortion%, 011
"false charge of offence
made with intent to in*ure%
and 244 "defamation%
+rother of !hantiprasad and
publisher of three )ernacular
newspapers which were
found to ha)e exaggerated
circulation figures to get
go)ernment ad)ertisements.
02H40H0414 !ubash !wami I&C 8<7 "Cxtortion%, 8;0 "
robbery% and 720 "house
trespass%
!chool principal earlier
accused of tax e)asion.
03H40H0414 haram &oonia I&C 704"cheating%,
738"forgery%, 732
"punishment for forgery%
!=9, 'ayashahar &olice
!tation.
33
48H48H0414 Mano* !harma I&C 704 "cheating%, 73:
"forgery of )aluable security,
will etc% and 73< "forgery
for purpose of cheating%
$wo year old case reopened
and name of the accused
added.
00H48H0414 ilip .aur I&C 8<7 "Cxtortion%, 704
"cheating%, 244 "&unishment
for defamation%
#eal brother of !unil .aur,
one of the sales tax officers
against whom a case was
registered with AC+ for
using pri)ate )ehicles during
raids.
1<H47H0414 #akesh #athi I&C 77: "criminal trespass%,
784 "wrongfully di)erting
water% and 871 "wrongful
restraint%
Complaint against him for
encroachment on go)ernment
land.
!ingh went into hiding and approached the #a*asthan =igh Court seeking probe in all
the cases by an independent agency. $he episode gained limelight in electronic as well
as print media and the issue was also discussed in the !tate Assembly.
8;
9n !eptember
18, 0414, the court restrained his arrest and also directed the police to return the car and
the house "Annex!e ,(1%. $he cases are still pending in the court.
Ironically, the complainants claim that police ha)e been fa)ouring .o)erdhan !ingh by
not taking concrete action against him. 9n the issue of registration of nine cases in a
short span of time, !hantiprasad says it was only after he filed the first complaint that
others got moti)ated and nine cases could be filed within 73 days.
.o)erdhan !ingh is now in)ol)ed in another case, this time against the #a*asthan
8; $'', #athore, +hati spat o)er @#$I acti)ist@, $imes of India, March 03, 0414, http6HHarticles.timesofindia.indiatimes.co
mH0414A48A03H*aipurH0<1840;;K1KrtiAacti)istAbikanerAde)iAsinghAbhati . Accessed on April 7, 0410.
3:
Information Commissioners, who ha)e been accused of criminal conspiracy and forgery
by manipulating an earlier order to fa)our certain police officials. !ingh claims that on
/ebruary 00, 0411, while hearing the second appeal on his #$I application seeking
documents related to the cases registered against him, the double bench of the then chief
information commissioner M -aurani and information commissioner $ !rini)asan
had ordered disclosure of the information sought. =owe)er, the written order pro)ided
to him dated April 12, 0411, remanded the application back to the appellate authority.
!ingh claims to ha)e procured both these orders bearing the same appeal number
through #$I in a certified C by the commission. =e approached the sessions court
besides writing to the !tate .o)ernor "Annex!e ,(2% and a case has now been
registered with the AC+ against eight officials including the present and pre)ious chief
information commissioners and two I&! officers.
=owe)er, during the inBuiry, the AC+ team was not pro)ided certain documents by the
commission citing !ections 01 and 08 of the #$I Act, 0442, which denies the power to
initiate in)estigations against the chief information commissioner orders passed under
the Act "Annex!e ,(,%. 9n this, the sessions court directed the AC+ on >uly 2, 0410, to
continue its probe by )irtue of the powers )ested in it under the Code of Criminal
&rocedure "Cr&C%, 1;:8.
74
$he inBuiry is still on.
Con$*sion0 9n personal obser)ation it was noticed that .o)erdhan !ingh may not be
as clean as he pretends to be. =e has a good knowledge of the law and has supporting
74 $'', AC+ to continue probe against !rini)asan, >uly 2, 0410, http6HHm.timesofindia.comH&A$9I
HarticleshowH 173<1<7;.cms, Accessed on August <, 0410.
3<
documents to )erify his claims, which is why e)en the =igh Court was compelled to
restrain his arrest. !ingh also seems to ha)e good contacts with mediapersons which has
helped him in times of need.
9n the other hand, the complainants e)idently tried to wrongfully exploit the law. More
damning has been the role of +ikaner &olice which o)erstepped its brief and seems to
ha)e colluded with the complainants to settle scores with !ingh. istrict administration
officials accept the fact that !ingh has a better hand when it comes to understanding of
the law. $he ongoing case in)ol)ing the state information commissioners is another
proof that if the #$I user has good knowledge of the law and the administration set up,
there is enough scope for him to deal with )ictimisation pro)ided he is also ready to be
patient with the legal and administrati)e process. 9ne ad)antage .o)erdhan !ingh had
was a good financial background which saw him sail through troubled times.
4(2 G-#!#t
1ocated on western coast of India, .u*arat has an area of 1;3,484 sBuare km with a
population of 34,8<8,30<, 2:.7 per cent li)ing in rural areas "0411 census%. $he state is a
good industrial hub with some of the largest businesses in India.
71
1iteracy rate in
.u*arat stands at :;.81 per cent of which, male literacy is <:.08 per cent while female
literacy is :4.:8 per cent.
70
.u*arat is one of the few states that took an early lead in 0442 to set up systems and
procedures for implementing the #$I Act. 'e)ertheless, a widespread )iew persists
71 Eikipedia, the free encyclopedia, http6HHen.wikipedia.orgHwikiH.u*aratLemographics . Accessed on >une 14, 0410.
70 http6HHwww.gu*aratindia.comHstateAprofileHdemography.htm , Accessed on >une 14, 0410
3;
among ci)il society that public authorities are lagging in terms of compliance with the
reBuirements of the legislation.
78
.u*arat Information Commission ".IC% has come up
with some of the best rulings related to disclosure of information which among others
include the decision to allow students access to their answersheets which was stayed by
the =igh Court but later upheld by the !upreme Court,
77
inclusion of &! shops within
the pur)iew of #$I and allowing applications by differentlyAabled under the life and
liberty clause.
72
=owe)er, those working in the field claim that the transparency
mo)ement has only been restricted to issues of social welfare and being an industrial
state, )ery little progress has been made in disclosure of information, which can be
detrimental to corporate interests. #$I reBuests related to industrial subsidies,
en)ironmental issues and illegal mining are routinely denied and because of large
pendency at the commission le)el, the complaints are not redressed properly.
In 'o)ember 0414, 1ate #$I acti)ist Amit >ethwa had filed a public interest litigation
"&I1% in the .u*arat =igh Court as the pendency had increased to <,444
appealsHcomplaints due to )acant posts of ICs. 9n inter)ention of the =igh Court, two
additional ICs were appointed in March 0411. =owe)er, pendency is still a contro)ersial
issue in .u*arat. !o far, 00,4<0 appeals and complaints ha)e been recei)ed by the
commission since the #$I came into being in 0442. Ehile 18,4:< cases were disposed
of, ;,447 cases were pending as on ecember 81, 0411, which means a 74 per cent
pendency rate.
73
78 Compliance with the #ight $o Information Act6 A !ur)ey. 'ew elhi6 Commonwealth =uman #ight Initiati)e, 044;,
134 p.
77 &aul >ohn G #agini +haradwa*, !C ruling spurs hope of better exam e)aluation, $imes of India, August 11, 0411,
http6HHepaper.timesofindia.comHefaultH!criptingHArticleEin.aspN/ romWArchi)eG!ourceW&ageG!kinW $9I'CEG+
ase=refW$9IAH0411H4<H11G&age1abelW2GCntityIdWAr44241G?iewModeW=$M1, Accessed on August ;, 0410.
72 $'', ifferentlyAabled fights redAtapism with #$I, $imes of India, >une ;, 044;, http6HHarticles.timesofindia.indiatim
es.comH044;A43A4;HahmedabadH0<1:;3<2K1KfamilyApensionAdifferentlyAabledAabled . Accessed on August ;, 0410.
73 -apil a)e, Info panel to hold public hearings to clear #$I pleas, /ebruary 2, 0410, http6HHwww.indianexpress.com
:4
$he latest mo)e by the .IC to hold lok darbars "special public gatherings% through a
special dri)e in all the districts of the state for speedy disposal of pending appeals was
challenged in the court. $he public gatherings were supposed to call upon the #$I
applicants and concerned public information officers "&I9% in an attempt to resol)e the
issue on the same day72. =owe)er, ob*ections were raised against the process on the
grounds that this would more likely lead to compromises instead of action against the
&I9s. Ehile hearing the &I1, the .u*arat =igh Court said since only those matters where
the applicants or appellants agreed for settlement of dispute or were satisfied by the
information supplied, were disposed of, there was no )iolation of the law. $he court,
howe)er, ordered that at least two Additional Information Commissioners should be
appointed temporarily in order to deal with the pendency "Annex!e ,(3%.
$he performance of the .IC has been under scanner as the commission has only
recently submitted first three of its annual reports for the years, 0442A43, 0443A4: and
044:A4< in the .u*arat Assembly.
7:
$hough the delay in preparation and submission of
annual reports has been attributed to lack of reliable data pro)ided by )arious public
authorities of the !tate,
7<
it also cast aspersions on the .IC@s super)isory role. .u*arat is
only second to Maharashtra in reported cases of murder, assault and harassment of #$I
users. Around 04 such cases ha)e come to notice through media reports and other
sources in .u*arat since 0442.
7;

HnewsHinfoApanelAtoAholdApublicAhearingsAtoAclearArtiApleasH;4<18;H , accessed on >une 84, 0410
7: 'A, /inally .IC submits first 8 reports to assembly, ainik +haskar, >uly 04, 0410, http6HHdaily.bhaskar .comHartic
leH.(>A'CE!AfinallyAgicAsubmitsAfirstA8AreportsAtoAassemblyA82734;<A'9#.html , Accessed on >uly 02, 0410.
7< Charul !hah, #' as hangs up his boots as .u*arat information commissioner but..., 'A, >uly :, 0411, http6HHwww.dn
aindia.comHindiaHreportKrnAdasAhangsAupAhisAbootsAasAgu*aratAinformationAcommissionerAbutK1238123 . Accessed on >uly
02, 0410
7; Eikipeda, the free encyclopedia, http6HHen.wikipedia.orgHwikiHAttacksKonK#$IKacti)istsKinKIndia . Accessed on April
:1
4(2(1 C#se st'+ =3
A/it >et%5#, 7%#/"# .i**#1e, A/!e*i 'ist!i$t
-hamba is a small )illage on the edge of Amreli district in the south east region of
.u*arat. &roximity to the coastline and world famous .ir forest in neighbouring
>unagarh district underscores the need for en)ironment protection of the region.
=owe)er, presence of minerals, especially limestone, in hills of the area attracts illegal
miners thus leading to a tussle between those willing to protect nature and those wanting
to make money out of it.
Murder of 87AyearAold Amit >ethwa on >uly 04, 0414, was a result of this clash of
interests. $he bra,en fatal attack, which came *ust a few months after the murder of
&uneAbased #$I acti)ist !atish !hetty, highlighted the serious security threat #$I users
face while trying to expose corruption. >ethwa was born in -hamba )illage and took up
issues of en)ironmental law and wildlife protection issues around .ir !anctuary along
with the community. >ethwa had also spearheaded a campaign against rising case
pendency in the .IC due to lack of commissioners. It was in response to his petition
filed in 'o)ember 044; that the state go)ernment appointed two new information
commissioners. =e also filed a writ petition in the =C and made the go)ernment accept
Indian &ostal 9rder "I&9% as one of the modes of payment to deposit fees for filing of
#$I applications. =owe)er, it was his public interest litigation "&I1% against illegal
mining that became the reason behind the murderous attack since many mining
04, 0410.
:0
companies in the region were sent notices and penalties were slapped on them.
!ince 044<, >ethwa had filed six reBuests under the #$I Act, asking information related
to the acti)ities of an illegal mining lobby operating in the protected forest area *ust
outside .ir forest. 9n >une 0<, 0414, he filed a &I1 in the .u*arat =igh Court citing
e)idence found and praying to stop illegal mining within fi)e kilometers radius from the
boundary of .ir. In the same month, a raid was conducted by the police and geology
departments, and a number of mining eBuipment were sei,ed. =owe)er, the eBuipment
was subseBuently stolen back. >ethwa appealed that the matter be in)estigated by an
independent ombudsman or 1okayukta, a constitutional position that had been lying
)acant in .u*arat since 0448. =e had mo)ed court to seek a *udicial order to the state
go)ernment to fill this post.
$he petition came up for hearing on >uly 3, 0414, and Amit >eth)a filed a supplementary
affida)it. =e ga)e additional details regarding illegal mining and impleaded +>& M&
inubhai +oghabhai !olanki and his nephew &ratap Alias !hi)a =amirbhai !olanki as
respondent 'os. ; and 14 in the said writ petition. $he court issued notice to the newly
impleaded parties. Categorical allegations had also been made against the !olankis in
paragraph 0.0; at page 13 of the said writ petition with the details of their illegal
acti)ities of mining and stone crushing within fi)e kilometers radius from the boundary
of .ir !anctuary.
=owe)er, Amit >ethwa was shot dead before the next date of hearing. =is family
members and friends allege that >ethwa was murdered on the behest of the M& and the
state go)ernment is trying to shield him. $he in)estigations into the murder were
:8
transferred from !ola &olice !tation in Ahmedabad to the Crime +ranch in August 0414.
$he police arrested constable +ahadursinh hirubhai ?adher, !an*ay Chauhan, (da*i
$hakor and &achan !hi)a who was allegedly one of the hired killers. 9n !eptember 3 ,
0414, they arrested &ratap alias !hi)a =amirbhai !olanki, nephew of inu !olanki. In
'o)ember 0414, Mumbai police arrested !hailesh &andya, who allegedly fired the shot.
In /ebruary 0410, the .u*arat &olice Crime +ranch ga)e a clean chit to inu !olanki in
case claiming that +ahadursinh hirubhai ?adher conspired with &ratap alias !hi)a
=amirbhai !olanki to eliminate >ethwa. $he report says that +ahadur and one of his
brothers had bought some land in the area in 044: for mining purposes but due to
>ethwaDs inter)entions against illegal mining, they suffered financial losses which is why
they planned the attack. =owe)er, >ethwaDs lawyers submitted that the .u*arat
go)ernment had prohibited mining within fi)e kilometer periphery of .ir wild life
sanctuary through a circular dated August ;, 0440, so there was no Buestion of +ahadur
and his brother purchasing the land for mining purposes in the area.
>ethwa@s father, +hikhubhai >ethwa, and lawyers sought an independent probe by the
C+I claiming that no proper in)estigations had been made into inu +ogha !olankiDs
mo)ements, his telephone records and con)ersations with other accused. Anand Xagnik,
ad)ocate and friend of Amit >ethwa, ga)e a statement that Amit had met him a day
before the murder expressing serious apprehension about threat to his life from the M&.
In his statement submitted to the court, ilipbhai >inabhai -atariya, a colleague of Amit
>ethwa in his '.9 .ir 'ature Xouth Club, also claimed that >ethwa had been recei)ing
threats from the M& for Buite some time.
:7
uring 044: legislati)e assembly election, >ethwa unsuccessfully contested election
against !olanki. uring campaigning, !olanki had allegedly threatened him with dire
conseBuences if he did not withdraw his nomination. $his was reported by >ethwa to the
election officers. $he threats allegedly continued when he started filing #$I applications
to get information related to illegal mining. ilipbhai has also submitted an affida)it in
the court stating that a few days before his murder, >ethwa had told him that the threats
from inu !olanki had increased particularly after filing of the &I1 against illegal
mining and the whole team needed to be careful.
ilip also alleged that when he ga)e this statement to the police team in)estigating into
the murder case, it was manipulated to con)ey that only he was threatened by inu
+ogha !olanki in 044:. 9n !eptember 02, 0410, the .u*arat =igh Court transferred the
case to C+I obser)ing that IIn)estigation into the murder of petitionerDs "+hikha
>ethwa% son does not appear to ha)e been carried out in conformity with
the legal pro)isions and the control exercised by one police officer of a )ery high
rank.J
24

Con$*sion0 $his is the most high profile case in which the #$I user has been done to
death and the main accused is a sitting Member of &arliament from the ruling party of
the state. =owe)er, media co)erage, pressure from ci)il society organisations and legal
inter)entions ha)e ensured the case is not easily brushed under the carpet. $he legal
struggle for independent probe into the whole incident has yielded good results and the
case is expected to negate all political pressures against a fair probe.
24 Amit >ethwa murder case6 .u*arat =C orders C+I probe, 'A, !eptember 03, 0410,
http6HHwww.dnaindia.comHindiaHreportKamitA*ethwaAmurderAcaseAgu*aratAhcAordersAcbiAprobeK1:72248. Accessed on
!eptember 84, 0410.
:2
4(2(2 C#se st'+ =4
Vis%!#/ L#x/#n )o'i+#, S!#t
!ituated on the left bank of $apti ri)er, !urat is the fourth fastest growing city of the
world. It is also known as diamond hub of India with third rank in cleanliness despite
being India@s <th most populated city.
?ishram 1axman odiya was one of the 7.2 million inhabitants of the city eking out a
li)ing by selling pouches of drinking water and books on a footpath. odiya consistently
used #$I to not only re)eal irregularities in the system but also to press upon authorities
for action against the culprits. 9n /ebruary 11, 0414, the 22AyearAold )endor was done
to death in a busy market area of !urat.
It was an illegal electricity connection in his neighbourhood that inspired odiya to file
his first #$I application. !oon, he was taking $orrent power distribution company to
task with )arious applications filed to procure information re)ealing irregularities. It
seemed like he was determined to make utmost use of the #$I Act, filing applications
with )arious public authorities including with the !urat &olice seeking information on
action taken against illegal liBuor )ends, gambling and encroachments. $hose working
with him say he had annoyed many with his relentless work to expose wrongdoings.

9n /ebruary 11, 0414, he was called to a police station near his residence for a meeting
with $orrent company officials to workout a compromise. Around ; pm, when odiya
started from his house after ha)ing dinner, he was attacked by four men with swords.
:3
&olice arrested three of them. Ehile one of the accused, +harat +han*i Miadra, is son of
a $orrent company employee, &rakash -esha) #athore and -al*i (pepanya +aria ha)e
been accused of running illegal liBuor business. odiya had been putting pressures on
the police through his #$I applications to act against #athore and +alye for flouting the
law.
$he three accused were later acBuitted by the court on the basis of lack of e)idence. 'ot
only the witnesses turned hostile, the circumstantial e)idence was also found weak.
&rosecution lawyer -alpesh esai claims that ?ishram odiya@s elder son, who was the
petitioner in the case, reached a compromise with the accused. $his fact was also
corroborated by odiya@s younger son, .irish ?ishram odiya, and wife >asuben. In the
whole case, the role of !urat &olice remains suspicious. 'o protection to eye witnesses
and lack of circumstantial e)idence are cited as main reason for acBuittal of the accused.
$he fact that the slain acti)ist had to use #$I to compel the police act against the
)iolators time and again points to the fact that the police personnel were not willing to
follow the call of duty on their own and may ha)e been part of the illegal nexus.
s#+ee'#&!#
C%o56"#A#! &o*i$e st#tion
Con$*sion0 $hough this case was highlighted in the local media extensi)ely, it held
little promise for the family of the )ictim, who are not only financially weak but also
ha)e little knowledge of the legal process. $here is no support whatsoe)er from the ci)il
society organisations. $he suspicious role of the police underscores the fact that in such
cases probe should be done by an independent, external agency.
::
4(2(, C#se st'+ =8
S#tis%"%#i R#n#, A*in# .i**#1e, 7%e'# 'ist!i$t
Alina is a small )illage with a population of 18,244 near the famous =indu pilgrimage
town of akor in -heda district of .u*arat. $he )illage sarpanch .eetabein +ho*ani and
her fatherAinAlaw 'attubhai +ho*ani ha)e been battling allegations of corruption and
highhandedness from !atishbhai #ana, a 70AyearAold cutlery merchant of the )illage. It
was in >uly 044: that #ana filed an #$I application with the panchayat asking for
information related to cutting of 13: trees in the )illage. $he application included pointA
wise Buestions on which rules were followed, permissions taken before felling of the
trees and in which account the money earned from selling the trees had been deposited.
=owe)er, it was only after he appealed to the taluka "tehsil% de)elopment officer "first
appellate authority% that the panchayat ga)e him the information which re)ealed that the
permission for cutting the trees had been taken only after they were felled. In addition,
there was no account of the money generated through sale of trees. Armed with this
information, he complained to the district magistrate and district de)elopment officer.
$he taluka de)elopment officer and mamlatdar "tehsildar% were marked the inBuiry into
the allegations but before any action could be taken, sarpanch@s fatherAinAlaw and his
accomplices allegedly abducted #ana on !eptember 1;, 044:, from outside the
mamlatdar@s office. =e was taken to a secluded place and mercilessly beaten up. 9n
:<
regaining consciousness, #ana managed to reach nearby ci)il hospital by taking lift in a
state transport bus. $hough the /I# "Annex!e ,(4% was registered on the same day, the
police claimed that the accused were untraceable. After reco)ering from the in*uries,
#ana ga)e a representation to the district collector threatening to stage a half nude
protest followed by hunger strike. (pon this, orders were passed for swift action by the
police and all the se)en accused were arrested on charges of abduction and attempt to
murder, three months after the /I# was registered. $he criminal case is still on in the
court. #egarding the felling of trees, sarpanch and talati were fined #s 0.:0 lakh by the
mamlatdar but the case is still pending after the sarpanch appealed against the order.
:;
Figure 3 $atishhai %ana was mercilessly eaten up for asking information aout cutting of trees.
Con$*sion0 It@s a long pending case in which action was taken by the police only after
#ana threatened to stage a half nude protest and hunger strike. $hough it may seem like
the last resort to many, such an ultimatum may not always work.
<4
4(, 2AGPBs RTI %e*&*ine
Mahiti Adhikar .u*arat &ahel "MA.&% has been running an #$I helpline since May 10,
0443 which gets around 1,744 calls per month on a)erage basis. +esides the initial
publicity done through media, network of ci)il society organisations and workshops, the
helpline number also gets published e)ery day in a local )ernacular daily. $he helpline@s
popularity has spread beyond the geographical boundaries of .u*arat with calls also
being registered from the states of (ttar &radesh, +ihar, Chattisgarh, #a*asthan and
Madhya &radesh.
+esides the guidance about procedures to access the information under the #$I Act, the
helpline also assists those #$I users who face )ictimisation from )ested interests. 9f the
total calls it recei)es e)ery month, around :A< relate to )ictimisation. $he helpline
follows a set procedure not only to )erify the authenticity of the caller but also to ensure
Buick action by the security agencies. $he genuineness of the #$I user is *udged by the
information asked. If it relates to a public cause, women or child issues, human rights
)iolations or the applicant belongs to economically or socially backward sections of the
society, they are pro)ided assistance. Many a times, the user is engaged with the helpline
since the time heHshe decided to file the application, which also lends credibility to his
actions.
AdeBuate caution is taken and the caller is asked to file a complaint with the local police
station as soon as possible and fax a copy of the complaint. =owe)er, it@s not always
possible for the caller to access a fax ser)ice, in which case the complaint is )oice
recorded o)er the phone. In case the complaint is not accepted by the police, this is also
<1
mentioned in the )oice recorded )ersion which is transcribed for further correspondence
with the authorities. $he complaint on MA.&@s behalf is faxed to the local police station
and the offices of area !&, district collector and district magistrate. In addition, the
helpline staff tries to contact these officials through telephone seeking immediate
protection for the user.
Action is also initiated at the administrati)e le)el. 9nce the /I# is filed, its copy along
with the complaint is sent to the .IC and the department to which the information
sought is concerned seeking proacti)e disclosure under !ection 7 of the #$I Act. $he
.IC is also acti)ely in)ol)ed in building pressure on the authorities by seeking action
against the )ested interests and ensuring transparency in ser)ice deli)ery. In some
emergency cases, .IC is approached immediately after an !9! call is recei)ed for swift
action. =ere are some case studies of the helpline6
4(,(1 C#se st'+ =;
B%#!#t"%#i G1%#* #n' B%#n-i"%#i >o1#*, )%#n6 .i**#1e, R#-6ot 'ist!i$t
hank is a small )illage on south west border of #a*kot district in .u*arat with a
population of around :,417, including 8,702 women and 8,2<; men. !oothed by bree,e
from the Arabian sea, the settlement is surrounded by agricultural fields and barricaded
on the south by wooded hills. =owe)er, what seems like an idyllic setting has fault lines
running underneath. $here is an unspoken di)ision within the )illage, between those
who indulge in corrupt means and those who complain against them. At the centre of
this conflict are irregularities found in allotment of free houses meant for
underpri)ileged families of the )illage.
<0
+haratbhai .ughal "83% and +han*ibhai >ogal "7:% are two daily wage labourers who
ha)e been using the #$I Act to procure information related to this corruption. +ut their
struggle is not without the dangers. 9n March 2, 0411, )illage sarpanch allegedly
slapped and threatened the duo with dire conseBuences if they complain about the
allotment process during an ongoing inBuiry.
It was in 0414 that .ughal and >ogal obser)ed that wellAtoAdo people owning large
properties were getting the houses meant for below po)erty line persons. $hey, *oined by
four others, decided to raise the issue first through official representations. $heir first
step was to file a *oint complaint to the $aluka "$ehsil% e)elopment 9fficer "$9% on
March 84, 0414, seeking an inBuiry into the matter. .etting no response from the
administration, they armed themsel)es with knowledge about the #$I Act, which they
had heard was bringing about transparency in go)ernance.
9n >une 13, 0414, they filed separate #$I applications regarding allotment of houses
under three housing schemes for the underpri)ileged, Indira Awas Xo*na, Ambedkar
Awas Xo*na and !ardar Awas Xo*na, in their )illage since 1;;:. $he information they
got was only related to the Indira Awas Xo*na and that too *ust for the year 044;A14.
=owe)er, e)en this comparati)ely little information re)ealed that irregularities had been
made in allotment of 00 houses. Many of the allotees already owned houses and
agricultural fields while in some cases, both the husband and wife had got a house each.
Many of the allottees *ust refurbished their old houses passing them off as the new
houses constructed under the scheme and pocketing the grant. 9n !eptember 04, 0414,
the complainants wrote to the state )igilance commission, .IC and &anchayats, #ural
<8
=ousing and #ural e)elopment department of the state go)ernment citing these
irregularities. After much persuasion, an inBuiry team from the office of $9 )isited the
)illage on >anuary 7, 0411. =owe)er, suspecting that no action will be taken on the
issue, the complainants asked for inBuiry by the district de)elopment officer "9%. 9n
March 2, 0411, an inBuiry team from the 9 office came. Ehile the inBuiry was on,
the sarpanch allegedly slapped +han*ibhai and threatened others with dire conseBuences
if they ga)e statements before the inBuiry team.
/earing for their physical security, +haratbhai and +han*ibhai remained confined in their
houses. $hough there is an outstation police post at hank )illage, it remains locked
most of the time. $elephone calls to the police station in neighbouring +haya)adar
)illage yielded no response upon which they approached the #$I helpline run by MA.&.
$heir complaint was )oice recorded and MA.& contacted the area !& o)er the phone.
$he !&, who was attending an official function at that time, refused to accept the
complaint saying he would rather trust his own system rather than an '.9. !ince it was
crucial to pro)ide the security immediately, MA.& faxed the complaint to his office and
also released the information to the mediapersons, asking them to contact the !& for
official )ersion. $he strategy worked and fearing criticism in the media, the officer
asked the police station incharge "&!I% of +haya)adar police station to look into the
matter. $he district collector and district magistrate was also informed about the incident
o)er the phone and through faxed complaint. $he collector in turn directed the
mamlatdar "tehsildar%, (pleta, and the &!I to look into the matter.
!oon, the police team arri)ed and took the complainants with them. $he accused,
including the sarpanch and two of his supporters, were also called to the police station.
<7
$he three accused were charged under !ection 808 ")oluntary causing hurt%, 247
"intentional insult to pro)oke breach of peace%, 243 "criminal intimidation% and 117
"abetment% of the I&C. 1ater, MA.& also faxed the complaint along with a copy of the
/I# with details to the .u*arat Information Commission ".IC%. Chief Information
Commissioner wrote to the district collector and district magistrate "Annex!e ,(8%
while eputy !ecretary of .IC wrote to the area !& on March <, 0410, seeking
impartial probe into the allegations of corruption "Annex!e ,(;%. $his consistent effort
on the part of MA.& helped sustain the pressure on the authorities.
Figure 4 3harathai +left, and 3han&ihai at #hank village in )u&arat.
<2
$he inBuiry into the corruption was conducted again on March 08, 0411, and the
allegations regarding irregularities in allotment of 00 houses was found to be correct.
$he 9 issued show cause notices to the sarpanch, $9, and se)en other talukaAle)el
administrati)e officers. An inBuiry by )igilance commission into the embe,,lement is
still on. =owe)er, the security threat has not been totally neutralised. $he #$I applicants
are still getting indirect threats from the sarpanch and his supporters, but since the issue
is in the limelight, the danger is not as imminent.
+haratbhai .hughal, +han*ibhai >ogel, 'aranbhai ?aragiya and .o)ind .angera sat on
a sixAday !atyagraha at #a*kot district headBuarters to seek action against the accused.
$hough the effort was highlighted in the media, the district de)elopment officer only
ga)e )erbal assurances on the demands.
4(,(2 C#se st'+ =?
B%#'!es% V#/-#, S#*'i .i**#1e, A/!e*i 'ist!i$t
!aldi is a small )illage in Amreli district of .u*arat with a population of ;,444. Ehat
sets this )illage apart from other settlements is substantial awareness and use of the #$I
Act. ?illagers regularly Buestioning public authorities about expenditure and procedures
regarding )arious social welfare schemes. All this was made possible by a simple
collegeAgoing boy who decided to keep checks on distribution of ration through a fair
price shop of the )illage.
It was in >anuary 0411 that +hadresh ?am*a "1;% got to know from a friend about
<3
una)ailability of ration through public distribution system "&!% in the )illage. /urther
inBuiry re)ealed that none of the below po)erty line "+&1% and abo)e po)erty line
"A&1% ration card holders were getting the allocated supply and owner of the fair price
shop was allegedly selling the supplies in black market. 9n being Buestioned, he
claimed there had been no supply from the go)ernment@s end. $hough he was not a
ration card holder, +hadresh decided to take up the cudgels for the whole )illage and
wrote a complaint to the taluka mamlatdar "tehsildar% on >anuary 0:, 0411, with 18
ration card holders as coAsignatories.
9n getting no response from the authorities, he decided to file his first #$I on /ebruary
11, 0411, with the mamlatdar office asking for the action taken on the *oint complaint
filed earlier. $he application had point wise Buestions on why no inspection of stock had
been conducted till now, details of work which was keeping the officials busy and
expected timeline for action on the complaint. etails of ration supply and distribution
to beneficiaries in last six months was also sought. $hough mamlatdar forwarded the
application to the shopkeeper ordering him to disclose the details, only partial
information was gi)en. $he mamlatdar also promised +hadresh that he would )isit the
)illage soon. Ehen the inspection team came, it was found that none of the 18
beneficiary complainants had got the ration from the shop except kerosene e)en though
17,444 kg of grain per month had been supplied to the shop. $he officials also issued a
panchnama with details about the stock lying in the shop.
Meanwhile, MA.& was pursuing the matter of access to records of &! shops with
.IC. $he .u*arat Chief Information Commissioner Mr # ' as wrote a letter to the
!ecretary, /ood, Ci)il !upplies and Consumer Affairs epartment, asking for specific
<:
directions to the concerned public authorities for proacti)e disclosure of &!Arelated
information under !ection 7"1%"b% of the #$I Act "Annex!e ,(?%. (pon this, the /ood,
Ci)il !upplies and Consumer Affairs epartment issued a circular dated March 7, 0411,
directing all mamlatdars and fair price shop licensees in the state to proacti)ely disclose
ration supply information on the walls of fair price shops as well as at the taluka "tehsil%
le)el "Annex!e ,(@%. $wel)e categories of information, including shopkeeper@s name,
licence number, shop timings, allocations to A&1 and +&1 card owners, rate of )arious
commodities under the &!, stock register and complaint register ha)e to be
prominently displayed outside the fair price shops.
9n the other hand, +hadresh@s struggle for information was on. C)en after 12 days of the
physical inBuiry by the mamlatdar, no action had been taken. Ehen asked, the
mamlatdar told +hadresh that the inBuiry report had been sent to the istrict !upply
9fficer "!9%. +hadresh also found that most members of the )igilance committee of
the )illage, which is supposed to certify arri)al of the stock, were not aware that they
were in the committee. $he two members, who used to )erify the arri)al, were
supporters of the shopkeeper. 9n March 1, 0411, +hadresh filed another #$I, this time
with the !9, seeking a certified copy of the inBuiry report and the date by which the
complainants will recei)e their allocations. $he #$I also included Buestions about the
rules and procedures for constitution of a )igilance committee.
9n this, the shopkeeper started sending threatening messages to +hadresh through
common friends on March 1:, 0411. =e also tried to con)ince the 18 beneficiaries to
gi)e statements against +hadresh by promising them more than their share of ration.
=owe)er, they did not budge from their stand. 9n learning about the threat, +hadresh@s
<<
parents told him to lea)e the matter and focus on his studies. In +hadresh@s own words,
IIt was a )ery difficult time as it seemed like I am alone in this fight. $hen a saying I
had heard somewhere came to me @$he real youth is one who finishes a task once taken
up.@J
+hadresh decided to contact MA.&@s helpline. &ankti >og of MA.& )oice recorded his
complaint which was faxed to the area !&@s office who was also contacted o)er the
phone. 1ate in the e)ening of the same day, +hadresh got a call from the incharge, 1iliya
police station, offering protection during the night and asking him to reach the police
station the next day and register his complaint. $he shopkeeper was also called to the
police station and he had to gi)e an undertaking that he would not threaten +hadresh
again and if any physical attack takes place in next six months, he would be held
responsible.
<;
Figure 5 3hadresh 4am&a ensured regular ration in his village.
At !aldi )illage, now e)erybody gets the allocated ration on time without any
irregularity. +hadresh and his friends ha)e started a weekend #$I clinic in the )illage
and also disseminate information about the rights of residents under )arious welfare
schemes.
;4
4(,(, C#se st'+ =@
2i$%#e* 2#!tin #n' B%#n P#!/#!, An#n' 'ist!i$t, G-#!#t
#ogi -alyan !amiti is a health scheme operational in .u*arat in 0443 to pro)ide free
treatment and medicines to poor patients at go)ernment hospitals and health centres.
=owe)er, there ha)e been se)eral allegations of misappropriation of funds under this
scheme.
21
Michael Martin and +hanu &armar, both members of a nonAprofit
organisation, =ealing $ouch, decided to scrutinise the utilisation of funds under this
scheme at a primary health centre "&=C% based in #ohini )illage of Anand district.
Martin and &armar had earlier used the #$I Act to pro)e discrepancies in
implementation of )arious welfare schemes, including the Cheeran*ee)i !cheme for
maternal health care and relief scheme for residents of )illages which get routinely
inundated during monsoons. $hey chose to Buestion the utilisation of funds at #ohini
)illage &=C because they had found the &=CDs medical officer "M9% guilty of charging
money from poor patients who were entitled for free treatment. $he incident had been
)ideo recorded and presented to the area police upon which the M9 had apologised and
returned the collected money. Instead of seeking any particular information, Martin
asked for inspection of records and physical )erification of medicines supplied under the
#ogi -alyan !amiti through an #$I application filed on >anuary 7, 0411. 9n recei)ing
no reply, a first appeal was filed on March 1:, 0411, with the chief district health officer
"C=9%. uring the hearing of the first appeal, the C=9 ordered the M9, who was
also the &I9 under #$I Act, to permit the inspection of the records and medicine
supplies on April 04, 0411 "Annex!e 3(1:. Martin and &armar inspected the records on
21 $ruth of #ogi -alyan !amiti fund6 9nly 14Y spent on patient welfare, /ebruary 1:, 0410, esh .u*arat, http6HHdesh
gu*arat.comH0410H40H1:HtruthAofArogiAkalyanAsamitiAfundonlyA14AspentAonApatientAwelfareH .Accessed on >une 02, 0410
;1
the gi)en date but because of large )olume of the documents, they could not complete
the work and decided to resume the inspection on April 0:. 9n the gi)en date, they were
refused further inspection and the M9 called around 84 )illagers claiming that Martin
and &armar were blackmailing him and he might be forced to Buit the posting which
would be detrimental for the )illage. $he )illagers threatened Martin and &armar, who
were forced to lock themsel)es in a room of the &=C to a)oid assault.
/rom the room, they called upon the area !& but on getting no positi)e response, they
contacted the MA.& helpline. $he helpline staff )oice recorded, transcribed and
forwarded their complaint to the .IC. $he staff also called upon the area !&, the local
-hambak rural police station as well as the M9, informing him that being the &I9 under
the #$I Act, physical safety of information seekers was his responsibility. After an hour,
the police team arri)ed and the inspection was completed under police protection. 9n
written complaint of Martin and &armar, three persons including the medical officer
were arrested under !ection 121 of the Cr&C "arrest to pre)ent commission of
cogni,able offence%. $he case of corruption against the medical officer is pending with
the state health commission.
;0

Figure 6 2ichael 2artin at his office in 'adiad town of )u&arat
Con$*sion0 $hese three cases studies underscore the point that e)en an informal
helpline can make a tremendous impact in protecting the #$I users from possible
physical assaults. Adoption of this best practice by the state go)ernments or by the state
information commissions can go a long way in ensuring that seeking accountability
from public authorities is not a dangerous business.
;8
4(,(3 Lessons '!#5n f!o/ 2AGPBs %e*&*ine
A $he way you approach the system matters. If documentation is done properly,
action by authorities is swift. $he MA.& helpline records and transcribes the
complaint besides asking the user to fax the /I#, which makes it a well
documented case to be taken up with the authorities concerned.
A #ight to information is not a stand alone law. epending on the information
sought, other laws can also be in)oked to ensure protection of users. /or instance,
if the information sought relates to issues of a minor, the >u)enile >ustice +oard
can be approached for action. $his also con)eys the fact that those seeking
protection are not asking for fa)ours but working within the law.
A MA.& has used pressure calls effecti)ely especially in case of +haratbhai and
+han*ibhai. !ince the area !& was not willing to belie)e the helpline staff,
media@s assistance was taken to ensure action. Calls from different sources can
also help press upon the urgency of the issue.
A C)en minor threats need to be reported to the police which will act as a warning
against any possible full blown assault.
A Community support is most important since those li)ing close can pro)ide more
efficient and Buicker security assurance than police. In +hadresh@s case, the
support of coAcomplainants was crucial in building his confidence.
;7
4(,(4 Li/it#tions of t%e %e*&*ine
$here are certain limitations with the MA.& helpline which need to be rectified to make
it more effecti)e.
Many a times a caller is unable to fax a copy of the police complaint or /I# to the
helpline. $here are chances that the caller is not genuine and may not ha)e
approached the police. $his limitation can be dealt with by contacting the
concerned police station and )erifying if the caller had actually filed the
complaint.
Most of the cases where the .IC took up the cause of protection of #$I users
belong to the tenure of former chief information commissioner Mr # ' as who
retired on >uly 3, 0411. =ow the commission will now respond to similar reBuests
is yet to be seen but MA.& confirms that the current chief commissioner Mr
#a*agopalan has promised full support to whistleblowers. =owe)er, when
contacted, one of the information commissioners Mr A > !hukla was ignorant
about the initiati)es taken by the .IC in collaboration with MA.&. $herefore, it@s
pertinent that past best practices by the commission is properly documented in its
annual reports and dispersed among the staff as well as the general public.
;2
S//#!+0 Most of the )ictims ha)e weak educational and financial background while
the accused are in)ariably affluent persons. Corruption in social welfare schemes,
damage to en)ironment and misuse of official position are the issues raised by most of
the #$I users who were )ictimised. 9f all the nine cases, *ustice has been done in only
one case. Ehile #$I users most often find themsel)es fighting the battle alone, the
assistance from ci)il society organisations or community at large can go a long way in
ensuring protection from harassment.
$he next chapter will in)ol)e discussion of the findings and conclusions.
;3
C%#&te! 8 )is$ssion #n' Con$*sion
In this chapter lessons learned from the study findings will be discussed and conclusions
will be drawn on the research topic. $he chapter will also outline the ob*ecti)es of
research, methodology used and selection of case studies in brief. In addition,
limitations of research and scope for further research will also be detailed.
8(1 O"-e$ti.es of !ese#!$% #n' /et%o'o*o1+
$his research study was conducted to analyse cases of )ictimisation of #$I applicants
and strategies for their protection. Ehile the #$I Act has ensured a substantial positi)e
change in go)ernment functioning, it has not been a cakewalk for the users who ha)e
regularly been )ictimised for exposing wrongdoings in public offices. $he study )erified
such cases of )ictimisation, analysed the details and looked into shortcomings "if any% in
the present system which need to be attended to.
$he study was Bualitati)e research and the target population was all the #$I users within
the geographical boundaries of #a*asthan and .u*arat who ha)e been )ictimised for
seeking re)ealing information. !nowball sampling method was used to get details of
such users from those working in the field as well as from media reports. >udgement
sampling method was also used since the sample had been selected based on the
*udgement about some appropriate characteristics reBuired of the sample member.
/or the research study, the sample was selected only after )erification that use of #ight
;:
$o Information was the reason for the alleged harassment. Authenticity of these cases
was )erified through exhausti)e inter)iews with the people and officials in)ol)ed
besides analysis of official documents.
8(2 Li/it#tions of !ese#!$%
$his research study has been limited in scope due to )arious reasons. 1ack of any
pre)ious systematic study on this topic pre)ented any comparati)e analysis with
alreadyAknown results. $he access to certain people and organisations was denied or
remained limited despite repeated attempts. $hough the case studies were in)estigated,
the researcher did not hold any legal or Buasi *udicial powers to call for submission of
documentary e)idence or indi)idual statements. A few of the documents related to
certain case studies could not be accessed e)en through filing of applications under the
#$I Act within the research period.
It was obser)ed that the )ictims or #$I users were in)ariably much more willing to
share details than the accused and the administrati)e officers in)ol)ed in the case, which
may ha)e influenced the findings inad)ertently. !ince selfAreported data has also been
relied upon, selecti)e memory, telescoping, wrong attributions and exaggerations could
ha)e crept in but utmost care has been taken to )erify the details more than once.
Among the two states, .u*arat was more difficult to explore due to linguistic barriers
especially in written language.
;<
8(, S$o&e of f!t%e! !ese#!$%
/urther research can be conducted on this research topic with expansion of field area
beyond #a*asthan and .u*arat. $he impact of #$I helpline being run by the +ihar
go)ernment can be studied and compared with other informal set ups. $hreat perception
of #$I users as well as general public related to whistleblowing and #$I usage can be
measured to analyse the law and order situations in )arious states. #esponse of security
agencies towards protection of #$I users can also be studied separately.
8(3 )is$ssion
#$I Act has emerged as a powerful tool to ensure accountability and transparency in
go)ernance. In India, financial and political status weighs hea)y in public dealings and
preferential treatment on caste and religious lines is also e)ident, especially in rural
areas. +eing a legislation deeply rooted in the Constitutional tenement of eBuality, the
#$I Act is striking at this deepArooted power dynamics. $he resistance to this correcti)e
process is not only on expected lines but also bound to grow more )ociferous with
further increase in awareness and usage of the transparency law. $his is why it@s
imperati)e to ensure a protecti)e mechanism at the earliest.
;;
8(4 So/e i/&o!t#nt fin'in1s0
#$I has empowered the citi,ens who always had the rights but no definite tool to
Buestion the authorities.
#$I users are at increased risk of threats, attacks and other methods of
)ictimisation especially if they belong to economically and socially weaker
sections.
Most cases of )ictimisation in)ol)e information related to issues of larger public
interest including corruption in social welfare schemes, damage to en)ironment
and misuse of official position.
9fficials at public authorities are mostly handAinAglo)e with pri)ate )ested
interests in abetting corruption and thus can go to any length to a)oid
transparency, e)en if it means )ictimisation of #$I users.
#egistration of false cases, accusations of blackmailing and other means to harass
#$I users are routinely exercised by )ested interests.
&hysical attacks are usually the last resort after all other alternati)es including
bribery and threats are exhausted.
#eporting minor threats can help a)oid their escalation into physical attacks.
?ictimisation of #$I users is easier in rural areas due to physical proximity with
the accused and remoteness from police, media and ci)il society groups. 9n the
other hand, it@s easier to garner community support in rural areas because of small
and known set ups.
&roper documentation and knowledge of the administrati)e and legal set up can
ensure Buick protecti)e action from police and other authorities.
144
8(8 Re$o//en'#tions
=ere are certain recommendations for )arious stakeholders based on findings of the
research6
8(8(1 Lessons fo! #t%o!ities
Cnsure implementation of !ection 7"1% of the #$I Act on proacti)e disclosure.
According to this clause not only the records should be duly catalogued and
indexed, the public authorities should pro)ide as much information suo motu to
the public at regular inter)als through )arious means of communications,
including Internet. #$I Act should be amended to include a pro)ision of penalty
on public authorities not implementing this clause.
Ouick action to complaints of )ictimisation of #$I users is reBuired from the
police. It should be specifically mentioned in the /I# that #$I usage was the
reason for the )ictimisation to a)oid the case being clubbed with other routine
incidents of enmity. A senior police official of the rank of eputy !uperintendent
of &olice or Assistant Commissioner of &olice should personally monitor the
in)estigations. If pro)en guilty, trial of the accused should be put on fast track.
Ehen the information sought relates to police, the probe into allegations of
)ictimisation should be done by an externalHindependent agency.
If accusations are made against an #$I user, the case should be filed only after
proper )erification so that reactionary smear campaigns are a)oided.
141
(nless pro)en contrary, concerned public information officers, first appellate
authorities and those officials directly linked to the information sought should be
presumed to ha)e abetted the offence.
'=#C and !=#Cs should be formally in)ol)ed in the process since #$I users
also fall in the category of human rights defenders.
$he respecti)e information commissions should write to the concerned area police
station reBuesting Buick action and also monitor the progress in the case. $he
department to which the information sought pertains should be asked to ensure
suo motu disclosure of the information.
Information commissions or state go)ernments can set up a helpline for #$I users
on the lines of MA.&@s ser)ice. /ormal collaborations with ci)il society
organisations can also be entered into for the same purpose.
-eep the complainant informed about the progress of in)estigation.
8(8(2 Lessons fo! RTI se!s
It@s pertinent to engage the community in the work. $his will not only ensure
protection from )ested interests but also lend credibility to the efforts.
+e in touch with ci)il society organisations and mediapersons. #elease the
information to public as soon as possible to a)oid )ictimisation.
If there is a possibility of )ictimisation, ha)e more than one person file the same
#$I application to di)ert attention. A friend based in another faraway location can
also be asked to file the #$I application on your behalf.
In case of threat or assault, immediately contact the local police station and obtain
140
a copy of the /I# or #. /ile a formal complaint with the respecti)e
information commission, area !& and the department to which the information
pertains with copies of rele)ant documents through fax or speed post.
!9! calls by different sources to the security agencies for help can press upon the
urgency of the issue.
#ight to information is not a stand alone law. epending on the information
sought, other laws can also be in)oked to ensure protection. /or instance, if the
information sought relates to issues of a minor, the >u)enile >ustice +oard can be
approached for action. $his also con)eys the fact that those seeking protection are
not seeking any extraA*udicial fa)ours but working within the established system.
S//#!+0 ?ictimisation of #$I users can be pre)ented by ensuring implementation of
!ection 7"1% of the #$I Act on proacti)e disclosure thus reducing the need to file #$I
applications. In)ol)ement of human rights commissions and proacti)e approach of
concerned information commissions can lead to Buick action. A helpline for #$I users
with in)ol)ement of Information commissions and ci)il society organisations is another
good option. #$I users should take precautions by engaging the whole community in
their work, keeping ci)il society organisations and mediapersons in the loop and by
releasing the procured information to public as soon as possible. =a)ing more than one
person file the same #$I application or ha)ing a proxy applicant from another location
also work well.
148
BIBILOGRAPHC
India. Administrative Reforms Commission (Second) Report on Right to
Information: Master Key to ood overnance! "e# $elhi: Administrative
Reforms Commission (Second)! %&&'! ()&p! Chairman: M. *eerappa Moily.
+aisa,h! -radeep. Right to information and r.ral development. K.r.,shetra!
/0(1)! 2.ly %&&/! p. )31
Ke4ri#al! 5.-. Right to Information Act: loopholes and road ahead! 6conomic
and -olitical 7ee,ly! )(((()! (1 March %&&/! p. 8)(3)%.
Roy! Ar.na and So#mya Kidam9i. Secret 9allots and transparent campaigns!
:o4ana! /&! 2an %&&'! p. %'30(.
Asian Centre for ;.man Rights. RTI Activists: Sitting d.c,s of India! "e#
$elhi. %&((! p. (1.
Action research villages: a Right to Information campaign: a report. "e#
$elhi: $evelopment Alternatives! %&&<. ((%p.
Chat.rvedi! T.".! ed. Secrecy in government! "e# $elhi: Indian Instit.te of
-.9lic Administration! (81&. 011 p.
.ha Roy! 2aytila,. Right to information: initiatives and impact. "e# $elhi:
Indian Instit.te of -.9lic Administration! %&&'. '0 p.
Madan Mohan. Right to information act %&&/: roles and responsi9ilities of
the p.9lic information officers and the p.9lic a.thorities. "e# $elhi: Indian
Instit.te of -.9lic Administration! %&&<. %%' p. (A--A M.-hil dissertation).
+aisa,h! -radeep. Right to information and r.ral development. K.r.,shetra!
/0(1)! 2.ly %&&/! p. )31.
+had.ri! Amit. .arantee employment and right to information. 6conomic
and -olitical 7ee,ly! )&())! %% 2an %&&/. p. %'<3'8
2et,ins! Ro9 and Anne Marie! oet=. Acco.nts and acco.nta9ility: theoretical
147
implications of the right3to3information movement in India. Third 7orld
>.arterly! %&(0)! 2.n (888! p.'&03%%.
Roy! Ar.na and "i,hil $ey. ?ighting for the right to ,no# in India.
$evelopment $ialog.e! (! %&&%! p. <<38&.
142
Annexure

Minutes of the Meeting of the Commission held on 13.9.2011
Present:
A. Shri Satyananda Mishra, Chief Information Commissioner
B. Smt. Annapurna Dixit, Information Commissioner
C. Shri. M.L. Sharma, Information Commissioner
D. Shri. Shailesh Gandhi, Information Commissioner
E. Shri B.B. Srivastava, Secretary and other officers assisted the Commission.

Agenda-1: A draft resolution in the wake of surge in attack on the
RTI activist circulated by IC(SG).
The Central Information Commission expresses regret and takes note
of the reported killings of and assault on the RTI users across the country. The
Commission underlines the need to take urgent steps by the respective
Governments for the safety and protection of the RTI users. The Commission
strongly believes that it is the duty and responsibility of the respective
Governments to safeguard the life and liberty of the RTI users for which
purpose they should invoke the relevant penal provisions for the prevention
and detection of such heinous crimes.

2. This Commission, therefore, resolves that if it receives a complaint
regarding assault or murder of an information seeker, it will examine the
pending RTI applications of the victim and order the concerned
Department(s) to publish the requested information suo motu on their
website as per the provisons of law.

3. This Commission also resolves that it will take proactive steps in
ascertaining the status of investigations/prosecutions of the cases involving
information seekers and endeavor to have these processes expedited.

Agenda-2: Progress on the Convention, 2011.
The Commission noted the progress on the forthcoming Convention.

Annexure 1.1 Minutes of CIC's meeting on suo motu disclosure
I
Police Circular in English & Marathi (No. 21 / Po Aa / Swiya / Jan / 2010) issued by Mumbai Police
Commissioner D Shivanandan, dated 18.1.2010, directing all Police Stations to promptly take
cognizance of complaints lodged by activists and concerned citizens.
Annexure 1.2 Circular issued by Mumbai Police Commissioner
II
III
IV
G R Voras remarks in brackets contrast this pious-sounding circular
with the hard realities prevailing today
The initial paragraph in Marathi, which is not translated in English, directs all concerned officers to
take cognizance of the complaints lodged by activists.
Para 1. Immediately on receipt of such complaint the Duty Officer will inform the in-charge of the
Police Station i.e. Senior Inspector of Police and will immediately register the complaint as Non
Cognizable or F.I.R. depending on the facts or circumstances of the case. If the facts disclose neither a
F.I.R. nor a N.C. the activist will be informed so in writing. (This never happens. The Duty Officer tries
his best to shoo away the activist or at best would lodge an N.C. on which no action is ever taken.)
Para 2. Sr. P.I. of that Police Station will personally monitor the enquiry of complaint / investigation of
the case. In appropriate cases he may also investigate N.C. offenses with the prior permission of the
Court. (The Senior P I rarely monitors / investigates the case. The activists never know what has
happened to their complaints of threat, assault, or intimidation).
Para 3. Where immediately arrests are called for, they shall be expeditiously made. All elements and
angles of conspiracy will also be investigated or enquired. (Leave alone arrests, even proper
investigations are not done. The accused persons pointed out by the activists may never be summoned
for taking their statement. Months and years may pass before they are interrogated, if at all that ever
happens.)
Para 4. Investigation in such cases will be expeditiously made. Assistant Commissioner of Police of
concerned division also shall personally monitor the investigation. (One wonders whether the ACP
ever monitors the investigations done by his subordinates.)
Para 5. Preventive action u/s 107, 110, 151, 151 (3) of Cr. P.C. also u/s 55, 56, 57 of B.P. Act and
M.P.D.A. will be resorted to wherever required. (This is unheard of till now.)
Para 6. Where a request for protection is made by an activist a Threat Perception Report will be
immediately prepared and submitted through proper channel to the Commissioner of Police, Mumbai
for decision in this regard. (Has TPR ever been done for any activist? This is news to us).
In appropriate cases inputs from the Crime Branch will also be taken in preparation of T.P.R.
Para 7. Local activists working in various public causes will be inducted into the Police Public
coordination committee at the police station level to ensure better coordination and to immediately
redress local issues. (Most of the times, the Sr PI, ACPs and DCPs avoid having collective meetings with
local activists. They make excuses to avoid having such meetings. If this point is taken seriously, then
there would be less crime and law & order problems in the city, as activists are well aware of the source
of nuisance or illegalities.)
Para 8. Zonal Deputy Commissioners of Police and Regional Additional Commissioners of Police will
periodically review investigation / preventive action in such cases and issues related to security of
activists. (Wonder whether it is ever done!)
The last para, which is not translated in English, asks the police to follow the above directions rigourously,
so that activists working for society and for the country can do so without threat and fear.
C.C. for information and appropriate action to : (a) All Saha Police Aayukta, Mumbai (b) All Apar Police
Aayukta, Mumbai (c) All Police Upa Aayukta, Mumbai (d) All Sahayak Police Aayukta, Mumbai (e) All
Varishtha Police Nirikshak, Mumbai.
V
1
3 January 2011
To
Shri Prithviraj Chavan,
Chief Minister of Maharashtra,
Mantralaya, 6th Floor,
Madame Cama Road,
Mumbai 400032

Sir,
The New Year has started inauspiciously for RTI activists of Maharashtra . .n Sunday, January 2, two RTI
activists were brutally attacked in Mumbai (Bhandup) and Pune (Talegaon) on Sunday . The finger of
suspicion points towards powerful politicians and concessionaires of large government contracts:
In Bhandup, Yashwant Gavand was attacked by about 30 persons connected to the local Shiv
Sena Corporator Suresh Shinde . We learn that Mr Gavand had successfully exposed, through
RTI, several assets that were not declared to the Election Commission in the last election,
including a 4,000 square-metre plot .
In Talegaon, Arun Mane an associate of the slain activist Satish Shetty -- was attacked with a
sharp instrument, and warned to stay away from the Shetty murder case . We are told that he
was investigating matters connected with toll-tax collection and real-estate agents IRB
Infrastructure Developers, believed to be involved in the Shetty murder .
Last year, there were 11 attacks on activists in various parts of Maharashtra, and five of them were fatal .
.ur state was the leading state in attacks on activists, accounting for 50% of such attacks nationwide .
Appended at the end of this letter is a tally of attacks on activists in 2010, all of which remain unsolved
cases in the police registers .
After every attack and murder, the state administrations standard reply is, Matter is under
investigation . We will find the culprits . That is eyewash, because the top brass knows exactly what is
going on: an innocent citizen blew the whistle on the rackets run by politically-connected people, and
they bumped him off .
Sir, last year, soon after the Shetty murder, Mumbais Police Commissioner issued a circular for
protection of Activists . This was closely followed by a GR issued by Govt . of Maharashtra . Both of these
suggested several measures, including a mandate to promptly register FIRs in response to complaint by
activists . Please read these documents:
Annexure 1.3 Letter by RTI activists to Maharashtra CM
VI
2
a) Police Commissioners Circular: http://tinyurl .com/CPcircular1
b) Maharashtra GR on protection to Activists: http://tinyurl .com/MahaGR1
However, our common experience as activists and civil society is that these circulars were not
implemented at all; these circulars were nothing but a damage-control exercise of the government,
drafted for the benefit of the press .
What you must do to ensure Rule of Law in Maharashtra
I . IMP .SE 6-M .TH DEADLINE F . SU . M .T . DISCL .URE . ASSETS & S .RCES . INC .ME .F
P .ICITIANS, BUREAUCRATS, JUDGES & THEIR FAMILY MEMBERS . Please make necessary laws and
rules to ensure that MLAs, MPs, Municipal Corporators, judges and leaders of political parties
come clean about their assets and business dealings . The secrecy surrounding the phenomenal
growth of their personal wealth is the main cause of corruption, growth of mafias and the killing
of activists . Failure to meet 6-month disclosure deadline must invite automatic disqualification
and prosecution .
II . FRAME APPEAL PR .CEDURE RULES F . RTI IN MAHARASHTRA, WITH A CLAUSE THAT RTI PENALTY
CLAUSE (SECTI .N 20) IS T . BE STRICTLY ENF .RCED: By not penalizing slippery public information
officers and by not compelling evasive public authorities to provide information, State
Information Commissioners are deliberately blunting the activists sword and prolonging his
battle for years and years, until somebody gets him in the end . Make appropriate rules to
ensure strict compliance with RTI Act 2005 .
III . .ER STRICT ACTI . AGAINST P .LICEMEN WH . SHIRK THEIR MANDATED DUTY T . REGISTER FIR
WITHIN 48 H .RS, BASED . D .UMENTS THAT THE RTI ACTIVIST PAINSTAKINGLY GATHERS . Through
deliberate inaction, the State Home Department and police leave the citizen-activist standing in
the line of fire for months and years, alone, undefended and crying out for justice . He is an
orphan, an easy target . It is polices mandated duty to register an FIR within 48 hours, based on
documents and information that the citizen-activist painstakingly gathers, and this has been
reiterated repeatedly by various laws, authorities and apex courts . Please read the following:
A) What CrPC says about the duty of police to register FIR: http://tinyurl .com/FileFIR1
B) What Maharashtra DGPs order said: http://tinyurl .com/FileFIR2
C) What Supreme Court ordered in 2008: http://tinyurl .com/FileFIR3
D) What Bombay High Court (full bench) said in 2009: http://tinyurl .com/FileFIR4
IV . PASS A G .VT . RES .UTI .N (GR) DIRECTING ALL DEPARTMENTS T . RECEIVE CITIZENS C .MPLAINTS
AB .UT C .RUPTI ., MISUSE . P .ER & N .-ENF .RCEMENT . RULES & LAWS . Please set up
time-bound mechanisms for departmental inquiry and disciplinary action . Currently, faced with
VII
of blatant corruption in govt . departments, some RTI activists act as investigating agencies for
months and years in order to go to court, becoming highly visible and risking their own lives .
We trust you will take up this matter with utmost urgency .
Yours Sincerely,
G R Vora
9869195785
Address: Plot - 275 / 3,
Gope Nivas, Sion E,
Mumbai - 400022.
Mohd. A f fal
9820490435
Krishnaraj Rao
9821588114
Sunil Ahya
9821070606
Copy to:
1 . Prime Minister Dr Manmohan Singh, South Block, New Delhi - 110001 .
2 . NAC Chairperson Mrs Sonia Gandhi, 10 Janpath, New Delhi - 110001 .
Maharashtras Table of Shame: Attacks on Activists in 2010
Name of Activist Incident Date Place Probable reason for attack
Nayana Kathpalia Fired at in her
Churchgate home
Jan 2010 Mumbai PIL against hawkers in
Mumbai
Satish Shetty Killed Jan 2010 Pune Exposing land scams incl .
those by IRB Infrastructure
Arun Sawant Attacked, permanently
paralysed
Feb 2010 Thane Exposing land scams at
Badlapur Municipal Council
Sumaira Abdulali,
Naseer Jalal and Viju
B
Murderous assault by
mob on highway
March 2010 Mahad Exposing illegal sand
mining, involvement of local
MLA
Vithal Gite Killed April 2010 Beed Exposed corruption at
Panchayat & Block levels
Abhay Patil Mobbed & threatened April 2010 Jalgaon Made corruption charges
against politician
Dattatreya Patil Killed May 2010 Ichalkaranji Exposing corruption in
Handloom Sector
Stalin D and Debi
Goenka
Assault May 2010 Mumbai While inspecting site of
mangrove destruction
Ashok Shinde Assault July 2010 Mumbai For filing PIL against
corruption PWD officials
VIII
Ramdas
Ghadegaokar
Killed Aug 2010 Nanded RTI against irregularities in
fuel and grain sales in Public
Distribution System
Irfan Yusuf Qazi Killed Dec 2010 Jaitapur Protest against nuclear
power plant in Jaitapur
IX
Annexure 2.1 Request for police protection by Mangla Ram
X
Annexure 2.2 FIR registered on complaint of Mangla Ram
XI
Annexure 2.3 FIR registered by Barmer Police
XII
XIII
Annexure 2.4 SDM's report into attack on Mangla Ram
XIV
XV
Annexure 2.5 Order on special investigations into the case of Mangla Ram
XVI
XVII
Annexure 2.6 The inquiry report in corruption allegations at Bamnor village
XVIII
XIX
XX
XXI
XXII
XXIII
XXIV
XXV
XXVI
XXVII
XXVIII
XXIX
XXX
XXXI
XXXII
2.7 Letter for action on inquiry report
XXXIII
XXXIV
XXXV
XXXVI
XXXVII
Annexure 2.8 CB-CID report into allegations against Baburam Chauhan
XXXVIII
XXXIX
Annexure 2.9 Application for 'on-call security' by Baburam Chauhan
XL
XLI
Annexure 3.1 Court order in Goverdhan Singh's case
XLII
XLIII
XLIV
XLV
XLVI
XLVII
Annexure 3.2 Goverdhan Singh's complaint to Rajasthan Governor
XLVIII
XLIX
L
LI
LII
LIII
LIV
Annexure 3.3 ACB's report into allegations against Rajasthan information commissioners
LV
LVI
Annexure 3.4 FIR filed by Satishbhai Rana
LVII
Annexure 3.5 Communication between CIC and district collector in Bharatbhai-Bhanjibhai's case
LVIII
LIX
Annexure 3.6 Letter to DSP in Bharatbhai-Bhanjibhai's case
LX
Annexure 3.7 Letter to Secretary, Food, Civil Supplies & Consumer Affairs Department
LXI
LXII
Annexure 3.8 Circular of the Food, Civil Supplies & Consumer Affairs Department
LXIII
LXIV
LXV
WPPIL/65/2012 1/18 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) No. 65 of 2012
With
CIVIL APPLICATION No. 5649 of 2012
In
With
In
With
In
For Approval and Signature:
HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA
HONOURABLE MR.JUSTICE J.B.PARDIWALA
=========================================================
1
Whether Reporters of Local Papers may be allowed
to see the judgment ?
2
To be referred to the Reporter or not ?
3
Whether their Lordships wish to see the fair copy
of the judgment ?
4
Whether this case involves a substantial question
of law as to the interpretation of the
constitution of India, 1950 or any order made
thereunder ?
5
Whether it is to be circulated to the civil judge
?
=========================================================
JAGTERAHO - BRANCH OF SENIOR CITIZEN'S SERVICE TRUST -
PETITIONER
Versus
CHIEF SECRETARY GOVT. OF GUJARAT & 1 - RESPONDENT
=========================================================
Appearance :
PARTY-IN-PERSON for PETITIONER : 1,
MR PK JANI, GOVERNMENT PLEADER for RESPONDENT : 1
MR KAMAL TRIVEDI, AG WITH MR SHIVANG M SHAH for RESPONDENT : 2
=========================================================
Annexure 3.9 Gujarat High Court order on pendency at SIC
LXVI
CORAM :
HONOURABLE THE CHIEF JUSTICE MR.BHASKAR
BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 14/08/2012
CAV JUDGMENT
(Per : HONOURABLE THE CHIEF JUSTICE MR.BHASKAR
BHATTACHARYA)
1. By this Public Interest Litigation, the writ-petitioner has prayed
for the following reliefs:-
a. Appoint within a period of two months seven Additional
Information Commissioners; so as to have total staff of 10
Information Commissioners, including Chief Information
Commissioner, in terms of sec. 15(2) of the Act.
b. Ensure that, in future necessary processing work is done
in time so as to appoint new incumbent(s) on cession of the
service period of the existing Commissioner(s).
c. To advertise for the post(s) of Information
Commissioner(s), as and when necessary and appoint panel of
Selection Committee for recommendation of candidates for
appointment and select the candidates therefrom as per the
provisions of the Act. And the whole process issuing
advertisement to appointment of Information Commissioner
should be completed in two month Ss time [Ref Para 4.12].
The Chief Information Commissioner [Gujarat] to
d. Reintroduce earlier formats of information [which
prevailed as on 31
st
December, 2011] providing up to date
information about receipt and disposal of cases month and year
wise.
LXVII
e. That the programme of one day camps of mass disposal
of cases launched state wide being ultra vires of law is illegal
and hence cases if any disposed off in such camps be re-
examined as per the provisions of RTI Act, 2005.
f. Take strict actions in terms of Section 20 of the Act
regarding penalty [Ref. Para 4.13[IV][A] and [B].
g. Personally reimburse the expenses incurred for illegally
launching state wide camps for disposal of long pending cases.
h. Introduce hearing procedure through video conference.
2. The case made out by the writ-petitioner may be summarized
thus:-
2.1 The preamble of the Right To Information Act, 2005 [the Act ] ]
is enacted to promote transparency and accountability in the working
of every public authority.
2.2 To file any complaint, it is essential to have full information and
for that matter, the usage of the Act is required to be made vibrant.
However, either on account of non-filling up of the vacancies of Chief
Information Commissioner and/or Additional Commissioners, the
proceeding under the Act has slowed down or almost stalled, with the
result that the citizens continue to suffer on account of on-going
corruption and consequently, corrupt people become fearless.
2.3 Therefore, it is necessary to have not only adequate posts of
Information Commissioners but also to see that the posts do not
remain vacant.
LXVIII
2.4 However, with the recent appointment of new Chief Information
Commissioner, he has introduced such changes that whatsoever
information was made available through the website to the public at
large has been withdrawn. Earlier, on the website of the Commission,
the information about the receipt, disposal and pending cases of
appeals and complaints was available but the said formats earlier
used have been withdrawn. Introduction of the new formats hardly
gives any information which was earlier available.
2.5 The Commission has stopped giving up to date position of the
pending number of cases. The Central Information Commission on its
website displays details about the pending cases so as to make the
appellant know about the status of his appeal. Gujarat Information
Commissions website does not give the information and also does
not acknowledge or give token number of the appeals.
2.6 Recently, the Commission has issued Circular/letters to the
Government Departments informing them that it proposes to
arrange number of camps on different dates at difference places,
when at a time, 200 appellants or the complainants would be called,
to dispose of the appeals or the complaints.
2.7 The camps organized for mass disposal of RTI appeals and
complaints not only make mockery of the RTI Act but are also in
LXIX
violation of the provisions of the Act and the Rules framed thereunder.
There is no provision which permits such mass disposal of cases. The
Chief Information Commissioner has no such power to introduce the
procedure beyond the one laid down for disposal of appeals and
complaints under the Act including what is stated in Section 18[3 ] of
the Act.
2.8 The Chief Information Commissioner is required to function as a
Court and not like an IAS bureaucrat running the State Departments
for the innovative programme introduced by the fertile mind of the
Chief Information Commissioner [CIC ] ].
2.9 The Government of Gujarat is bent upon to see that it employs
every trick to see that the information which can be sought under the
Act is hardly made available to the citizens in reasonable time. With
the introduction of the Act, States like U.P., Maharashtra and Punjab
initially appointed 11, 6 and 9 Information Commissioners
respectively whereas the Government of Gujarat appointed only 1
Chief Information Commissioner. Similarly, only in 2009, when one
late Amit Jethwa, an RTI activist who was murdered opposite the gate
of the Gujarat High Court filed a PIL, the government appointed two
Additional Information Commissioners. In the year 2011, the post of
Chief Information Commissioner remained vacant for five months
and also that of Additional Information Commissioner for two months,
with the result, the Commission was working with one sole
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Information Commissioner for months together and only after filing of
a writ-petition by the present petitioner, the government filled up
those two vacancies.
2.10 The Right to Information activists from across the State are
frustrated because of highly unsatisfactory performance of the
Commission on account of meager disposal of cases, obviously
because of inadequate number of posts and unfilled vacancies for
months together, despite huge arrears of work. As a result, the
appeals remain undisposed of for more than five years.
2.11 As on December 2011, over 8000 cases were pending and in
subsequent three months, the Commission must have received
additional cases. No data except disposal of 127 cases in January
2012 and 107 cases in February 2012 is available on the website of
the Commission. This makes it clear that position of arrears of cases
must have far increased. The petitioner has sought up to date position
vide RTI application dated March 5, 2012 but the information is
awaited.
3. This application is opposed by the State-respondents by filing
affidavit and the defence of the State-respondents may be summed
up thus:-
3.1 In the past, the petitioner filed another Public Interest Litigation
LXXI
being No. 118 of 2011 and the same was disposed of by directing the
State Government to take into consideration the number of pending
appeals and other complaints after the period of four months from
that date and to take a decision as to whether there was any
necessity of appointing Additional Information Commissioner having
regard to the number of pending appeals and other complaints after
the expiry of four months from that date.
3.2 The State Government is of the opinion that no Additional
Information Commissioners are required to be appointed as presently
three Commissioners are working in full swing.
3.3 Over and above, the establishment and creation of the post in
question is long-drawn procedure and for appointing persons at such
important position, a detailed scrutiny is required to be undertaken.
Necessary budgetary allocations are also required to be planned and
made and considering the number of matters pending, the State
Government is of the considered view that at present three officers
are sufficient to deal with the pending cases.
3.4 The writ-petitioner has no locus standi to question the decision
of the State Government which is administrative in nature and
therefore, the application is liable to be dismissed.
3.5 This Court, vide its order dated May 3, 2012 directed the
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respondents to file an affidavit disclosing therein whether the
information published in the newspaper Gujarat Samachar ] that the
respondent no.2 was disposing of the matters by way of Lok Adalats,
was correct or not and if it was correct, to disclose the provision of
the Act under which such recourse was taken.
3.6 Pursuant to such direction, the respondent no.2 affirmed the
affidavit stating therein that under the programme of special drive, no
hearing of Second Appeals was made but on the basis of the reports
received in certain number of cases, the Commission took decisions
in the pending appeals and complaints. According to the said
affidavit, the programme was arranged to arrive at voluntary
settlement of appeals or complaints through the medium of dialogues
between the applicants and the concerned officers. Further, the idea
is to have dialogues between the parties concerned so as to have
voluntary settlement of the appeals or complaints. It is further
contended that if the parties did not agree to arrive at a settlement,
no matter was disposed of on the basis of such special drive.
3.7 The petitioner, by filing further application, prayed for a
direction upon the State-respondent to take strict action in terms of
Section 20 of the Act regarding penalty.
4. Mr. Praful Desai, the President of the petitioner, appearing in
person has strenuously contended before us that having regard to
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number of pending cases and appeals, this Court should immediately
pass a direction for making appointment of at least 10 Information
Officers, the maximum number created by the Statute. According to
Mr. Desai, otherwise, it would take huge amount of time for disposal
of the cases.
5. Mr. P.K. Jani, learned Government Pleader, appearing with Mr.
Rashesh Rindani, learned AGP on behalf of the State-respondent and
Mr. Kamal B. Trivedi, learned Advocate General appearing with Mr.
Shivang M. Shah, appearing on behalf of the respondent no.2-
Commission have, on the other hand, opposed the aforesaid
contention of Mr. Desai and submitted that the pendency of the
matters arose in view of the vacant position of the officers for few
months. According to them, since all the three officers have now been
appointed, the pending matters would be disposed of within a short
period of time. According to the learned Advocate General, out of
1047 applications received during the period between March 2012
and May 2012, 539 applications were disposed of already at the stage
of admission by exparte order; in 158 cases, the applications
concerned were not found fit for admission for want of necessary
papers and the details and documents had been asked for. Number of
applications admitted for detailed hearing by the Commission was
only 296 and thus, all the complaints and appeals will be heard out
within two to three months from the date of the admission. According
to the learned counsel for the respondents, there is no necessity of
LXXIV
appointing any or creation of further post of Information Officers.
5.1 Mr. Jani, learned Government Pleader further submits that this
Court, sitting in jurisdiction under Article 226 of the Constitution of
India cannot pass any direction for creation of post which is within the
exclusive domain of the Executives and thus, the prayer made in this
application cannot be entertained by this Court.
5.2 In support of his contention, Mr. Jani relied upon the decision of
the Supreme Court in the case of Divisional Manager, Aravali Golf
Club and Another v. Chander Hass and Another, reported in
[2008] 1 SCC 683 and another decision in the case of Official
Liquidator v. Da yanand and Others, reported in [2008] 10 SCC
1.
6. Therefore, the questions that arise for determination in this
application is whether having regard to number of pending cases, this
Court can pass any direction for creation of new posts and whether
the matter under the Act can be disposed of by way of special drive
camp.
7. After hearing the petitioner-in-person and the learned counsel
for the respondents and after going through the affidavit filed by the
respondents, we find that by way of special drive, no matter is
disposed of if the applicant is not agreeable for disposal of his
LXXV
matter in that fashion. Only those matters where the applicants or
appellants agreed for settlement of dispute or were satisfied by the
information supplied, were disposed of; otherwise, if the applicants or
the appellants did not want disposal of their matters by way of special
drive, their matters were referred back to the concerned officer.
8. Therefore, we do not find that by special drive complained of in
the application, the State-respondent has committed any act in
violation of the Act or the Rules framed thereunder.
9. The next question is whether this Court can pass any direction
in a writ-application for creation of further posts within the scope of
RTI Act.
10. According to Section 15[2 ] of the Act, the State Information
Commission shall consist of the State Chief Information Commissioner
and such number of State Information Commissioners, not exceeding
ten, as may be deemed necessary.
11. Therefore, the maximum number of State Information
Commissioner fixed by the Act is eleven including the Chief
Information Commissioner but no minimum number is specified and it
is for the respondent authority to decide that number in accordance
with the number of pending cases.
LXXVI
12. We do not find any substance in the contention of Mr. Jani,
the learned Government Pleader, appearing on behalf of the State
respondent that a citizen, who is conferred certain benefit by the the
legislature by virtue of creation of a legislation, has no right to
complain before a judicial forum that the Executives are not taking
appropriate action for implementation of the said statutory provision.
The legislature itself has specified that for enforcement of right under
the Right to Information Act, 2005, the posts of Additional Information
Commissioner including the Chief Information Commissioner can be
appointed depending upon the deemed necessity.
13. Therefore, if it appears that the Executives have not taken
any step to appoint sufficient number of Additional Information
Commissioners for the purpose of giving effect to the intention of the
legislature, or if it appears that insufficient number of Additional
Information Commissioner has been appointed, by which it is
impossible to give effect to the desire of the legislature, a beneficiary
under the statute can definitely complain before a writ-court
complaining inaction on the part of the Executives.
14. The decision in the case of a Divisional Manager, Aravali
Golf Club & Anr. V Chand [supra ] relied upon by Mr. Jani, dealt with
creation and sanction of a post in the Golf Club run by Haryana
Tourism Corporation. In such facts, the Supreme Court held that the
Court cannot direct creation of post, as creation and sanction of post
LXXVII
is a prerogative of the Executive or legislative authorities.
15. In the case before us, the legislative authority has already
enacted a provision in the statute authorizing creation and sanction
the posts not exceeding 11. Such being the position, if in a given
circumstance, it appears that total number of three posts of
Information Commissioner including Chief Information Commissioner
is not sufficient to dispose of the number of pending cases within a
near future and for not appointing further Commissioners, the
purpose of the Act is frustrated, this Court, in exercise of power under
Article 226 of the Constitution of India can definitely pass appropriate
order.
16. Similarly, in the case of Official Liquidator v.
Da yanand and Ors., reported in [2008] 10 SCC 1, a three-judge-
bench of the Supreme Court held that a writ court cannot sit in appeal
over the judgment of the employer and ordain that a particular post
or number of posts should be created or filled up by a particular mode
of recruitment. According to the said decision, the power of judicial
review can be exercised in such matters only if it is shown that the
action of the employer is contrary to any constitutional or statutory
provision or is patently arbitrary or vitiated by mala fides. Therefore,
in a situation, if it appears that the legislative intention behind the
enactment of the statutory provision contained in the Right to
Information Act, 2005 cannot be given effect to by insufficient number
LXXVIII
of Information Commissioners, a beneficiary under the statute has
right to move a writ court for appropriate remedy.
17. We, therefore, propose to consider whether having regard
to the number of pending cases and the rate of disposal, the existing
three Information Commissioners including Chief Information
Commissioner, are sufficient to give effect to the purpose of the Act.
18. It appears from the materials on record that in the months
of March, April and May, 2012, total number of matters disposed of
by three officials is 456, 703 and 625 respectively. We are further told
that during the course of the hearing in the month of June, 2012, 820
matters have been disposed. Thus, the mean rate of disposal in the
last four months with the existing officials is 456+ 703+625 +820=
2604/4= 651. It further appears from the affidavit dated March 23,
2012 filed by the Deputy Secretary, General Administration
Department, Sachivalaya that on March 1, 2012, total number of
10060 appeals and complaints were pending whereas the said
number, at the end of November, 2011 was 8729. Therefore, in the
course of three months, namely, December, 2011, January, 2012 and
February, 2012, the number has been increased by 1331. It appears
from the Chart supplied to us that number of appeals and complaints
received during the year 2011 was as follows:
LXXIX
Month of 2011 Number of appeals and
complaints received:
January 345
February 321
March 402
April 353
May 398
June 459
July 377
August 350
September 447
October 243
November 377
December 386
Thus, total number of complaints and appeals received comes
to 4458. If we divide the number by 12, average monthly filing comes
to 371.5. For the disposal of 10060 matters at the rate of 651 a month
it will take 10060651= about 16 months and in the next 16 months,
371x16=5936 new cases will be accumulated and it will take further
9 months to dispose of those 5936 cases. Similarly, in the next 9
months further 371 x 9 = 3339 cases will be filed and it will take
further 5 months to dispose of those cases. Thus, the position would
be normal after about 3 years.
19. Having regard to the time limit fixed by the legislature for
disposal of request as provided in Section 7 of the Act which is thirty
LXXX
days from the date of receipt of the request, in our opinion, the
appeal against refusal or wrong information cannot be kept pending
for more than that period of time. If an applicant seeking information
gets the desired information by preferring an appeal after the period
of even three months, in most of the cases, the purpose of
information will become frustrated.
20. We, therefore, find that in the facts of the present case, at
least two Additional Information Commissioners should be appointed
temporarily in order to give effect to the the purpose of the Act.
21. So far as the other question raised in this application as to
making provision of penalty compulsory is concerned, we find that
under Section 20 of the Act, power has been conferred upon the
State Information Commission at the time of deciding any complaint
or appeal, to impose a penalty of two hundred and fifty rupees each
day till the application is received or information is furnished, subject
to the condition that the total amount of such penalty shall not
exceed twenty-five thousand rupees, if the State Information
Commission is of the opinion that the State Public Information Officer
has, without any reasonable cause, refused to receive an application
for information or has not furnished information within the time
specified under sub-section [1 ] of Section 7 or malafidely denied the
request for information or knowingly given incorrect, incomplete or
misleading information or destroyed the information which was the
LXXXI
subject of the request or obstructed in any manner in furnishing the
information.
22. Therefore, the legislature has vested the power with the
State Information Commissioner to decide whether a case comes
within the purview of Section 20 justifying grant of penalty. What is a
reasonable cause is to be decided by the concerned Information
Commissioner. In such a situation, this Court cannot pass any
direction for imposing the penalty mandatory by ignoring the plea of
reasonable cause that may be taken.
23. We, therefore, find that the aforesaid prayer on the
question of penalty is not tenable in the eye of law.
24. On consideration of the entire materials on record, we,
thus, dispose of the writ application by directing the State respondent
to immediately appoint two Additional Information Commissioners and
to continue with such additional posts so long as the pendency of
the appeals is not reduced to such a state that those can be disposed
of within two months of its filing, if not earlier.
25. The writ-application is thus disposed of with the above direction
to be complied with within two months from today.
26. In view of the above order passed in the main writ-application,
the respective Civil Applications do not survive and are disposed of
accordingly.
[BHASKAR BHATTACHARYA, C.J.]
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[J.B.PAR D DWALA, J.]
pirzada/-
LXXXIII
Annexure 4.1 Order by first appellate authority in Michael Martin's case
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