Many ordinary citizens in India have experienced the frustration of encountering unexpected road blocks, often police, causing significant inconvenience and delays. Understanding your rights and how to seek information about such obstructions is crucial. This article delves into an RTI case that sheds light on how citizens can use the Right to Information Act to question official actions related to road blocks, even when the initial response might seem unsatisfactory.
Background: What Information Was Sought
An RTI applicant, seeking transparency and accountability, filed an application with the Delhi Police. The core of their request was to ascertain the number of roads that had been blocked police near a specific office (DCP North-East Office) for general public movement. Crucially, the applicant also sought the name and designation of the officer who authorized these blockades, along with details of any related files or records. This was a direct attempt to understand the justification and authority behind restricting public access to roads.
How the Public Authority Responded
The initial response from the Public Information Officer (PIO) of the Delhi Police was that no roads had been formally blocked for general thoroughfare. They stated that vehicles were sometimes diverted due to exigencies, implying a temporary and necessary measure. However, recognizing that some information might fall under another department’s purview, the RTI application was transferred to the PIO (Traffic) for the remaining details. The PIO (Traffic) of the Eastern Range subsequently provided what they considered the requisite information to the appellant.
The CIC Hearing: What Happened
Dissatisfied with the responses, the appellant escalated the matter to the Central Information Commission (CIC). During the hearing, the appellant strongly argued that the PIOs had deliberately provided incorrect information. Their contention was that this was a tactic to shield malpractices local police, which in turn caused considerable inconvenience and problems for the general public. The appellant further alleged collusion between the PIO of the North-East Delhi (NED) and the PIO of Traffic Police, Eastern Range, leading to what they described as a “totally false and misleading reply.” This highlighted a serious accusation of deliberate obstruction of information flow.
The CIC Order and Its Significance
After carefully considering the arguments presented sides, the Central Information Commission (CIC) made its decision. The Commission ultimately rejected the appeal. The rationale provided was that the requisite information had, in fact, been provided to the appellant PIOs. Therefore, the CIC concluded that no further action was warranted on their part. While this might seem like a setback for the appellant, the case underscores the importance of the PIO’s obligation to provide information as per the RTI Act, even if it doesn’t directly confirm the applicant’s suspicions.
Key Lessons for RTI Applicants
- Lesson 1: Be Specific and Thorough: When filing an RTI, clearly articulate what information you need. In this case, asking for the number of blocked roads, the authorizing officer, and related records was a comprehensive approach. Ensure your questions are precise to avoid ambiguity.
- Lesson 2: Understand Departmental Jurisdiction: Public authorities are often structured into various departments. If your query spans multiple areas, the PIO is obliged to transfer the relevant parts of your application to the appropriate department. Be prepared for information to come from different sources.
- Lesson 3: Document Everything and Be Persistent: If you believe the information provided is incorrect or misleading, gather your evidence and present it clearly to the CIC. While the CIC may not always rule in your favor, a well-documented appeal highlighting discrepancies is crucial for the process. The PIO’s duty under Section 7 of the RTI Act is to provide information, and if they fail to do so accurately, it can be challenged.
How to File a Similar RTI Application
- Identify the Concerned Public Authority: Determine which government department or office is responsible for the area or action you are questioning (e.g., Police Department, Traffic Police).
- Draft Your RTI Application: Clearly state your request for information. Be specific about the details you need, such as the number of incidents, dates, names of officers, and any supporting documents or records.
- Pay the Application Fee: Submit the prescribed fee along with your application.
- Follow Up and Appeal if Necessary: If you do not receive a satisfactory response within the stipulated time (usually 30 days as per Section 7 of the RTI Act), you have the right to file a first appeal (under Section 19). If the first appeal is also unsatisfactory, you can then approach the Central Information Commission (CIC) for a second appeal.
Sample RTI question you can use:
Please provide details of any road blockades or diversions implemented police department in the vicinity of [mention specific location or area] during the period [mention start date] to [mention end date]. For each blockade/diversion, please provide the name and designation of the officer who authorized it, the reason for the blockade/diversion, and the duration it was in effect. Additionally, please provide copies of any official orders, records, or files pertaining to these blockades/diversions.
Conclusion
While this particular RTI case at the CIC did not result in a ruling against the police department, it serves as a valuable illustration of how citizens can utilize the RTI Act to seek information about actions that affect public life. The Right to Information Act empowers you to ask questions and seek explanations. Even if the initial response is not what you expected, persistence and a clear understanding of the RTI process can help in bringing transparency to various aspects of governance, including the seemingly mundane yet impactful issue of road blocks.
