Ever wondered who has the power to restrict movement or gatherings in public spaces? Or perhaps you’ve been curious about the expenses incurred during such times? This case highlights how the Right to Information (RTI) Act can be your tool to uncover such crucial details from government authorities. Ordinary citizens can use RTI to understand administrative decisions that affect public life.
Background: What Information Was Sought
An RTI applicant wanted to know who imposed Section 144 of the Criminal Procedure Code (CrPC) in the Rajghat area during a specific protest led Hazare. This section allows authorities to prohibit assemblies of four or more people and can restrict public movement. Beyond just identifying the authority, the applicant also sought details about the expenses incurred for hiring transportation, videographers, and other miscellaneous costs related to the event.
How the Public Authority Responded
The RTI application was initially filed with the Police Headquarters (PHQ). The Public Information Officer (PIO) at the PHQ, instead of directly addressing the query, transferred the application to the PIOs of multiple districts. While the Central District PIO did provide a point-wise reply, the applicant remained unsatisfied, particularly regarding the identity of the authority that issued the Section 144 order and the full breakdown of expenses.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the applicant reiterated their dissatisfaction. They emphasized that the information regarding the authority imposing Section 144 and the detailed expenditure was not adequately provided. The CIC noted a significant procedural lapse: the PIO at the PHQ had transferred the application to seven different districts, even though the core issue pertained only to the Central District. This led to unnecessary participation of PIOs from multiple districts, demonstrating a lack of application of mind.
The CIC Order and Its Significance
The CIC, in its order, addressed both the applicant’s concerns and the administrative shortcomings. Firstly, it advised the Commissioner of Police to issue instructions to the PIO at PHQ to ensure that RTI applications are transferred only to the genuinely concerned authority holding the information, there unnecessary delays and resource wastage. Secondly, and more importantly for the applicant, the CIC directed the PIO of the Central District to provide a clear copy of the order imposing Section 144 CrPC in Rajghat, identify the specific authority that issued the order, and furnish details of all hired transportation, including a list of vehicles and the amounts paid.
Key Lessons for RTI Applicants
- Lesson 1: Be Specific in Your Request Clearly define what information you need. In this case, the applicant didn’t just ask about Section 144, but also for the issuing authority and expense details.
- Lesson 2: Understand PIO Transfer Rules If your RTI is transferred, ensure it’s transferred to the *correct* department that holds the information. If it’s transferred broadly without clear justification, you can raise this at the CIC.
- Lesson 3: Don’t Settle for Incomplete Information If the PIO’s response is vague or incomplete, you have the right to appeal to the First Appellate Authority and then to the CIC.
How to File a Similar RTI Application
- Identify the Concerned Department: Determine which government department or authority is responsible for the action or information you seek. For orders like Section 144, it’s typically the police or district administration.
- Draft Your RTI Application: Clearly state your request. Mention the specific event, location, and the exact information you need (e.g., copy of the order, issuing authority, expenditure details).
- Pay the Fee: Attach the required fee (usually ₹10 via postal order or court fee stamp).
- Submit and Track: Submit your application to the PIO of the concerned department and keep a record of your submission. If you don’t receive a satisfactory reply within 30 days (or 35 days if transferred), you can file a First Appeal.
Sample RTI question you can use:
Please provide a copy of the order imposing Section 144 of the CrPC on [Date] at [Location] in connection with [Event/Reason]. Kindly also provide the name and designation of the authority who issued this order, along with a detailed breakdown of all expenses incurred for hired transportation, videography, and any other miscellaneous costs associated with the implementation of this order.
Conclusion
This case powerfully demonstrates that even complex administrative decisions and associated expenditures are not beyond public scrutiny under the RTI Act. precise in your requests and persistent in pursuing information, you can hold authorities accountable and gain valuable insights into governance. Remember, the RTI Act is a potent tool in your hands to ensure transparency and informed citizenship.
