Cites repeated application on similar subject for action it has taken and will be taking
In a reply that has raised eyebrows, the Bhiwandi Krishi Utpanna Bazaar Samiti (BKUBS) has declared an RTI applicant as "ineligible" and has further blacklisted him. It has also threatened him with a criminal case if he files an RTI application with it again. It cites five RTI applications the applicant had filed — three last year and two this year on the similar subject — as a reason for the action they have taken.
The letter dated June 4, 2018, which came to light recently informs Irfan Janwekar, the RTI applicant, that he has been declared apatra (ineligible). Two central information commission's order were referred to in the declaration. In the two RTI applications that were filed in May 2018, Irfan Janwekar, a mutton shop owner from Thane had sought details of the committee that was appointed for running Bhiwandi Krishi Utpanna Bazaar Samiti, people who voted for the Samiti elections and details of a shopkeeper in the market.
In his earlier RTI applications, Janwekar said, "I had sought details of the goats that are bought every week and every month to the market, the money collected from their sale, the mode of payment. I had also sought details of the middlemen and whether they are licensed. They said they are not. I complained to the Konkan Commissioner but ultimately nothing happened."
On being declared ineligible, Janwekar said, "How can they snatch such a right to seek information. Is there a rule that I cannot file over five applications? I do not know about this."
Bhaskar Prabhu, an RTI activist, said, "They do not have any right to make an RTI applicant ineligible or to threaten them with a criminal action for asking for information under RTI. There is no restriction on any number of RTI applications a person can file. Whatever he has asked comes under suo motu disclosure.
It is against the democratic principles to blacklist someone. With respect to information, a citizen has has been brought to the level of MP and MLA when it comes to his right to information. In this case, since they threatened, there should be a counter inquiry against officials for scaring an applicant. If it is not exempted, then authorities cannot be deny any information. Even the information commission should take cognizance of these matters."
"This is absolutely illegal. Public authority is acting like a ruffian. We also have something like being reasonable. Some commissions and commissioners have passed such orders. Had he filed some 100 or 200 applications which some people do, I can understand. This is unwarranted and abuse of power by public authority," said Shailesh Gandhi, former central information commissioner. DNA could not get in touch with BKUBS.
FIGHT FOR RIGHT
- The letter dated June 4, 2018, which came to light recently informs Irfan Janwekar, the RTI applicant, that he has been declared apatra (ineligible)
- Two central information commission’s order were referred to in the declaration
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 "Irfan Janwekar")
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