CIC plans move to checkmate attackers

In a bid to put the brakes on increasing physical attacks on RTI users,the Central Information Commission is contemplating a move to publicly disclose all the information that was sought by the victim.

In a bid to put the brakes on increasing physical attacks on RTI users,the Central Information Commission (CIC) is contemplating a move to publicly disclose all the information that was sought by the victim. These details would have to be displayed on the website of the department with which the victim had made the application.

If the purpose of the attack on the RTI user was to stop the release of information being sought by him,an attack would ensure such release of such information on the websites. After sometime,criminals would realise that an attack on an RTI user would be counter-productive since it would lead to a release in public domain of the information which they wish to hide, explained Information Commissioner Shailesh Gandhi in a Note on Steps to deter attacks on RTI activists dated October 7,2011.

The proposal is similar to,but more detailed than,a suggestion that is included in the draft report of the Task Force on Section 4 of the RTI Act. In a chapter titled Steps to be taken in matters relating to threat to RTI activists,the report says,Information Commissions… should also ensure that information seeking of which caused such attacks or threats is expeditiously publicised.

Prior to Gandhis note,the CIC had also held a meeting on September 13. That meeting had two agendas one was on an upcoming RTI convention,and the other was to discuss a draft resolution in the wake of surge in attack on the RTI activist circulated by the IC (Gandhi).

In the later note,Gandhi elaborated how the public disclosure of information can be implemented; an RTI user who has been physically assaulted can file a complaint with the concerned Information Commission giving details of the attack,hospital,police reports,details of the application which may have been the cause of the attack and the list of pending RTI applications. Someone else can also file this complaint on the victims behalf.

This complaint would be registered by the IC as a complaint under section 18(1)(f) of the RTI Act and enquire into the matter so that a decision would be reached within four weeks of the complaint being filed. If the IC is convinced the attack was because of the information sought,it would order the department with which the application was filed to display that information on its website within four weeks.

In cases where the information being sought is exempted from disclosure under section 8 or 9 of the RTI Act,the Commission must consider the public interests in disclosing the information, Gandhi wrote.

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This balancing act is particularly crucial because where information sought by an RTI applicant was of such nature that it led to his physical assault or even demise,very likely that there may be significant public interest in its disclosure in public domain. Furthermore,by allowing disclosure of such information,it may also deter attacks on information seekers,which would also serve a greater public interest, he elaborated.

The proposal also makes it possible for the IC to suo moto investigate instances where physical assault or murder of an RTI applicant is reported,but no person files a complaint with the IC. It further includes a provision under which the IC can direct the police or investigating agency to periodically publish the action taken.

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