Saneep 09 February 2017

Rti act seems merely eyewash.is it or not?

Dear Members,

I have made a complaint against certain people about forgery and fraud to Ludhiana police commissioner in March 2016. The police has been provided all the proofs in this regard. I was called several times to different police stations at Ludhiana for no reasons. I complied. When nothing concrete came up, i filed an RTI in September, 2016. The PIO didn't answer the RTI. I made a complaint to the Punjab State Information Commission 4 months ago, and was there for a hearing yesterday. The Ludhiana Police Commissioner representative there told me in front of the State Information Commissioner that the information i had sought from the Police Commissioner was provided to me through a letter, which was sent to me through ORDFINARY POST in October, 2016. I protested in front of the SIC that they MUST present the proof that the information has been delivered to me. They could not present anything. Then, they tried to give me a simple white paper on which it was written in Punjabi that the complaint i made was still under inc=vestiagtion. It was a simple paper with nothing on it like a stamp of the Commissioner/DCP/ACP/ or any one else. I refused to take that paper, and asked SIC to get me the information on the official letterhead of the official, or on a paper where there should be a stamp of the official along with his signatures. The SIC has adjourned the case for 24 april, 2017. What should be my course of action? The SIC is a political leader, and was clearly inclined towards the police department. How can a person appointed by the state govt. go against a state govt. department? To me, it seems that RTI is merely an eyewash, and there is no use of it. ANY THOUGHTS FROM LEARNED MEMBERS?

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5 Replies

Dr. Atul [9013898936] (Lawyer, Scholar) 09 February 2017

You did well so far. And yet, I'd request you NOT TO confound the entire system with a crooked official ... RTI is NOT an eyewash ... RTI IS one of the most powerful tool in the hands of a common man today (second only to a 226, in my humble opinion).

Like I said, you have done well so far; stay on that track. It may sound tough, but don't feel frustrated and attend the next hearing. You seem to be aware of the basics as a prudent person, continue applying that prudence; blank assertions as to ordinary post dispatch or unoffical communication be damned...let the crooked cops/administrators try their stupid excuses. Just attend the hearing; wait and watch what the State Information Commissioner comes up with. In the meanwhile, before the next State IC hearing, make a Complaint to the Central Information Commission with a copy marked to State Information Commission [DO NOT make a composite communction to CIC seeking information as well as penal action; that'd be rejected; only explain the facts of how you are being denied information on frivolous reasons and VERY PERTINENT, DO NOT make any wild assertions; just the facts that you can prove from records in future]! CIC will NOT do anything on such a Complaint but how it'd help is, in the long run, in getting your word on record BEFORE the next State IC hearing, nobody can blame you of afterhtought.

Keep in touch after the next date of hearing and my gut feeling is, most probably you'll get some good results; if not in next hearing, then from CIC...always nice to have dumb opposition like you seem to have!

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Saneep 09 February 2017

Dear Atul G,

Many thanks for your valuable opinion. I don't have words to thank you for such a detailed and honest reply.

Thanks again,

Sandeep