‘When prisoners ask public authorities and when they reply, answers should immediately be delivered’: Gujarat Information Commission

State Information Commissioner Nikhil Bhatt passed the order last week while acting on a plea moved by one Praful Datani, in jail under the PASA.

State Information Commissioner Nikhil Bhatt passed the order last week while acting on a plea.

The Gujarat Information Commission (GIC) has directed the state’s jail and revenue authorities to set up a procedure so that when any prisoner seeks information from a public authority, the application is delivered immediately as well as the authority’s reply.

The Commission has asked state authorities like the Director General of Police, Inspector General (Jails), and Additional Chief Secretary (Revenue) to issue instructions to set up a procedure in this regard for all central, district, and taluka jails in Gujarat.

State Information Commissioner Nikhil Bhatt passed the order last week while acting on a plea moved by one Praful Datani who was lodged at Lajpore Central Jail in Surat under the provisions of the Prevention of Anti-Social Activities Act (PASA). Datani had sought to fine public information officers of the Surat district collectorate and Lajpore jail since he did not receive a certified copy of the PASA Act and its amendments within 48 hours after he requested the same, under the provisions of the Right to Information Act. He also sought compensation for this.

Although the Commission dismissed Datani’s application, noting that he was transferred to another jail the same day and stating that the Lajpore jail authorities were merely playing the role of “postman/courier”, the Commission still decided on the “procedure” in the interest of “the welfare of jail inmates”.

Datani had filed his application seeking the information on December 17, 2022. Recording the version of the respondents to the plea, the order recorded that the said application was transferred to the office of Surat District Magistrate on December 28, 2022, and the Public Information Officer (PIO) of the Surat District Magistrate office had received the same on January 7, 2023. The PIO replied the same day with an order, asking the applicant to download a copy of the PASA Act and related provisions from the Home Department’s website.

However, this order was received by Lajpore jail authorities on January 11, 2023, following which Datani was asked to download the information by paying a fee of Rs 18 for the copies on January 20.

Under a Gujarat HC order, Datani was shifted to Porbandar jail on the same day. The PIO of Lajpore jail told the GIC that the Lajpore jail officials could not provide him with the information in time due to his jail transfer.

Parimal A Dabhi

Parimal A Dabhi works with The Indian Express as Chief of Bureau, focusing on the state of Gujarat. Leveraging his seniority and access, Dabhi is recognized for his reporting on the complex interplay of law, politics, social justice, and governance within the region. Expertise & Authority Core Authority (Social Justice and Law): Dabhi is a key source for in-depth coverage of caste-based violence, discrimination, and the state's response to social movements, particularly those involving Patidar, Dalit and OBC communities. His reporting focuses on the societal and legal fallout of these issues: Caste and Discrimination: He has reported extensively on social boycotts and instances of violence against Dalits (such as the attack on a Dalit wedding party in Patan), the community's demands (like refusing to pick carcasses), and the political responses from leaders like Jignesh Mevani. Judicial and Legal Affairs: He tracks significant, high-stakes legal cases and judgments that set precedents in Gujarat, including the convictions under the stringent Gujarat Animal Preservation Act (cow slaughter), 2002 Gujarat riots and developments in cases involving former police officers facing charges of wrongful confinement and fake encounters. Political and Administrative Oversight: Dabhi provides essential coverage of the inner workings of the state government and the opposition, ensuring a high degree of Trustworthiness in political analysis: State Assembly Proceedings: He frequently reports directly from the Gujarat Assembly, covering Question Hour, discussion on various Bills, debates on budgetary demands for departments like Social Justice, and ministerial statements on issues like illegal mining, job quotas for locals, and satellite-based farm loss surveys. Electoral Politics: His work details key political developments, including election analysis (voter turnout records), party organizational changes (like the end of C R Patil’s tenure as BJP chief), and campaign dynamics. ... Read More

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