Almost six months after it barred three men from filing RTI applications, noting that they had filed more than 2,700 second appeals, which was a “misuse” of the Act, the Gujarat Information Commission (GIC) has withdrawn its order. The Commission, in its April 5 order, had recommended the Gujarat government to initiate a CID probe into the allegations of criminal harassment of certain persons by the trio after getting information through RTI applications. They were barred from filing RTI applications till they were exonerated of the criminal charges. The withdrawal of the order by the Commission came after one of the three persons challenged the same before Gujarat High Court. Speaking with The Indian Express, Devang Vyas, lawyer of one of the three barred men, Jashvantsinh Brahmbhatt, said, “We challenged the order on the ground that it was beyond the scope of the RTI Act. There are no powers under RTI Act to pass such an order. RTI authority cannot give such directions. It is way beyond the powers entrusted under RTI Act.” After the HC took a serious view of the order, the SIC made a statement before the court that the order will be withdrawn. On September 26, the SIC passed a corrigendum order withdrawing its April 5 order. It is expected to pass another order on the appeal on merits. Disposing Jashvantsinh's petition, the single-judge bench of HC presided over by Justice Niral Mehta recorded, “.advocate for the respondent (State Information Commissioner) tendered the corrigendum order dated 26.9.2025, by which the earlier order dated 5.4.2025 has been ordered to be withdrawn. The corrigendum order dated 26.9.2025 is taken on record.” Why was probe recommended? Earlier this year, acting on a second appeal of an application under Right to Information (RTI) Act by Jashvantsinh, State Information Commissioner Nikhil Bhatt had passed the order barring the three men from filing any further applications under the Act. Jashvantsinh's RTI application was related to alleged unauthorised developments in Pandesara GIDC. During the hearing of the second appeal of the same, allegations of harassment, including blackmailing and extortion, through misuse of applications under RTI Act were made against Jashvantsinh, his brother Mahendra and nephew Harsh by Pandesara Industrial Cooperative Housing Society through an affidavit. During the hearing, references were also made to two FIRs of extortion registered against Jashvantsinh. Deciding the second appeal in its detailed order dated April 5, 2025, SIC Bhatt had noted that the three men had filed more than 2,700 second appeals, which was “misuse” of RTI Act. The Commission had noted in the order that it deems fit to take legal action against the three by handing over the probe to CID Crime, Gujarat government. Eventually, the SIC recommended the Additional Chief Secretary (Home) to give the probe against the Brahmbhatts to CID Crime under the provisions of Section 25(3)(g) of RTI Act. The section relates to monitoring and reporting of the Act by the State Information Commission under which it can make recommendations for reforms related to the Act. The Commission had also directed that after handing over the probe to CID Crime, its status report be sent to it every three months. The Commission further recommended action, if found necessary in the probe, by Central agencies like “Enforcement Director, Income tax department” etc. With that, the Commission had barred the three from filing RTI applications while instructing the state authorities not to consider any RTI application or appeal by them till they are exonerated of criminal charges.
