The CIC has provided a fresh format for registering complaints regarding attacks on RTI activists. If an attack is reported, the CIC can direct the concerned departments to take ‘suo moto’ cognisance and publish the details of the same on their websites
The Central Information Commission (CIC) has passed a resolution to ensure the protection of Right to Information (RTI) activists, following a slew of attacks on them and murder of RTI activists in recent times. The CIC says that in case an attack is reported, it will examine the pending applications of the victim and order the concerned department(s) to publish the requested information suo moto on their websites as per the provisions of law.
The CIC has also provided a format for registering complaints about attacks on RTI activists. When a complaint is registered, the Information Commission will issue an order to the departments concerned that the information sought by the victim be displayed on the authorities’ websites in less than four weeks.
“Even if any of the information is exempt under Section 8 (1), the Commission is requested to order disclosing it, since it appears that the attack/murder was motivated by the desire to ensure that this information must not be revealed. Also, revealing this information will ensure that RTI users will not be attacked in future. Thus on both counts there is a larger public interest which would be served by revealing the information which was sought by (name of RTI user),” the CIC has observed. Apart from that, the police departments will also be required to display on their websites a monthly update on the investigation in the attack/murder.
The CIC has said that in case of an attack, a complaint must be filed immediately to the concerned Information Commission under Section (18) of the RTI Act, and must include details of the attack, police and hospital reports and details of the RTI applications which may have been the cause of the assault. Even in cases where no complaint is registered, the Information Commission can suo moto initiate an inquiry.
In 2011, many attacks on RTI users have been reported. In January alone, five attacks were reported from Uttar Pradesh, Maharashtra and Jammu & Kashmir. In June, 72-year-old advocate and RTI activist Bhagu Devani was stabbed in Porbandar, Gujarat. On 15th August, RTI activist Shehla Masood was shot dead. In 2010, some 28 attacks were reported, including 10 murders.
“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… and also resolves that it will take proactive steps in ascertaining the status of investigations/prosecutions of the cases involving information-seekers and endeavour to have these processes expedited,” says the resolution.
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