42 ‘harassed’,many in jail for seeking information under RTI in Bihar

* In September-October 2006,Shivprakash Rai,a farmer from Buxar,filed an RTI application seeking to know the amount of loans and subsidies given by 69 banks under the Prime Minister’s Rozgar Yojana. In February 2008,he was called to the office of the District Magistrate,where he was allegedly asked to sign papers acknowledging the receipt of replies to his questions. Rai refused. On March 1,2008,he was booked for obstructing a public servant and jailed for 29 days.

These are three examples from a list of 42 RTI applications filed in Bihar over the past few years,in which information officials have been accused of harassing applicants by filing false cases against them. The Bihar Human Rights Commission (BHRC) has now recommended that all these officials be placed under suspension.

BHRC member Justice Rajendra Prasad wrote to the state government on October 29 directing it to “look into the complaints of harassment of RTI applicants by lodging false criminal cases against them by,or at the instance of,state public information officers”.

The allegations,Justice Prasad wrote,constituted “a serious violation of the human rights of the people of Bihar in general,and the existing and potential seekers of information under the RTI Act,2005,in particular”.

All information officials “to whom such (RTI) applications were given” should be “immediately suspended” and “departmental proceedings (should) be initiated against… (them) within four weeks of receipt of a copy of this order”,Justice Prasad recommended.

“…All criminal cases filed against RTI applicants (should) be dropped wherever such cases have been initiated after the date on which such applicants or their family members gave applications under the RTI Act”.

The Commission has asked the government to send “a report of the actions taken… within six weeks from receipt of copy of this order”,failing which it would be “constrained to invoke provisions of Section 18 (b) of the Protection of Human Rights Act,1993”.

Section 18 of the Act deals with “steps after inquiry”,and includes provisions such as approaching the high courts or the Supreme Court.

The officials under the BHRC scanner range from the District Magistrate,Muzaffarpur (who was in charge in 2006) to sub-divisional police officers,circle officers and block development officers,down to officers-in-charge of police stations. “False” cases were registered against RTI applicants in the districts of Saran,Madhubani,Bhojpur,Patna,Darbhanga,Aurangabad,Bhabhua,Gopalganj,Samastipur,Sitamarhi,Gaya,Buxar,Motihari and Khagaria. The maximum number of complaints — eight — has come from Patna.

The Commission acted on a complaint by Bihar Right to Information,a voluntary group devoted to taking RTI to the people since 2007. Group coordinator Parveen Amanullah told The Indian Express: “We wrote to the CM thrice,took up the matter during his janta darbars,but there were follow-ups in only two cases.”

Bihar Chief Minister Nitish Kumar has won accolades from the central government and other agencies for setting up the country’s first RTI call centre — a pioneering concept that has been replicated subsequently.

Amanullah alleged requests forwarded by her group were pushed around government offices but no action was taken. “While there are successful stories under RTI,these 42 cases are a black spot on its functioning in the state. Government servants treat RTI as burden,not as a tool for bringing transparency,” she said.

The alleged victims — slapped with cases of rape,extortion,kidnapping,obstructing a public servant from doing his duty,disturbing the peace,etc. — feel bitter and hunted.

Virendra Kumar Sah of Maker,Chhapra,told The Indian Express: “On July 10,2007,I sought information from the Block Development Officer on irregularities in the appointment of panchayat teachers. On August 19,2008,I was falsely implicated in a case of murder and under the Arms Act. I continue to evade arrest.”

Chandradip Singh said,“My service record can be checked for my character. Is foisting a rape case the way to treat an ex-Armyman in this country?”

Chief Minister Kumar,recovering after surgery for a sinus problem,was not available for a comment. His deputy,Sushil Kumar Modi,said: “We have no comment to offer on the BHRC’s recommendation that officials should be suspended. But we will surely look into the charges against public information officers.”

Bihar Information and Public Relations Minister Ramnath Thakur said he was not aware of the BHRC order. “Let me first know and understand it”,he said.