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After strong protests by activists, the MSEDCL’s Pune office has withdrawn a ‘circular’ that warned of criminal proceedings against applicants who file two or more Right To Information (RTI) applications. But angry RTI activists are now demanding the ouster of MSEDCL Chief Engineer M G Shinde for trying to “muzzle” the RTI movement.
“What MSEDCL has done is try to muzzle the RTI movement in Pune and even in Maharashtra. Already, a wrong message has been sent… Instead of helping strengthen the RTI Act, this example once again shows how top officials are trying to weaken the RTI Act,” said Vijay Kumbhar of Surajya Sangharsh Samiti.
Kumbhar demanded that Shinde be transferred. “Shinde has withdrawn the circular, but only because activists protested after they got to know about it. The fact that Shinde had the temerity to issue the circular only shows the lengths to which top government officials can go, to suppress the voices of RTI activists,” he said.
On March 14, Shinde had issued a ‘circular’ to all senior officials of the power utility, asking them to initiate criminal proceedings against RTI applicants who had filed two or more applications on any issue. After RTI activists, including Kumbhar and Vivek Velenkar, protested, the circular was withdrawn.
Shinde, however, said he had issued a “confidential letter”, not a circular, and it had been “misinterpreted”. “It was a confidential letter issued to the officials which has now been withdrawn… who am I to make changes in the RTI Act,” he asked.
“…I had only sought information, not criminal proceedings. After we received complaints from RTI activists, we withdrew the letter. I had only referred to a 2011 Supreme Court order,” said Shinde.
The subject of the ‘circular’, however, stated: “Provide names and addresses of those who have sought information under RTI Act, 2005, two or more times/repeatedly and initiate legal proceedings against them.”
The ‘circular’ sought information in tabular format, to fill columns such as name of the RTI applicant, address, issue on which RTI information has been sought, if information has been provided, and remarks.
In the ‘circular’, Shinde said MSEDCL officials kept getting “frivolous” applications, intended to harass officials. He claimed that several RTI applications had been filed, “seeking personal and administrative information, without any apparent reason”.
“The RTI applications forced MSEDCL to use additional manpower and money… such RTI applications only created stress on the existing staff,” he stated in the ‘circular’.
Shinde also quoted a 2011 Supreme Court case between the Institute of Chartered Accountants of India (ICAI) and Shaunak H Satya. The “circular” stated, “The Supreme Court had ruled that if any person is misusing RTI information, then such behaviour should be controlled by legal means”.
“The judgment also said that if the information is sought with the deliberate intent of harassment, then such persons should be disqualified from seeking information and criminal proceedings filed,” he said.
Shinde also directed all officials to gather information about applicants who have filed more than two applications within seven days. He even directed officials to take action against such individuals within a month and submit the report.
On the Supreme Court case cited by Shinde, Kumbhar said the MSEDCL senior official had done so out of context. “The apex court had given a ruling in a case involving two brothers, who had repeatedly made RTI applications seeking personal information. The ruling was only in that specific case,” he said.
Vivek Velenkar of Sajag Nagrik Manch, who had strongly objected to the ‘circular’, said the government should punish Shinde as the ‘circular’ was intended to belittle the RTI Act. “But will the government act,” he asked.
Sachin Godambe, a lawyer, said,”The circular was unconstitutional. Though it has been withdrawn, the chief engineer should face action… I will write to the Chief Minister and the Governor, seeking action against him”.