Shailesh Gandhi addressed a seminar on the RTI Act and warned of a looming crisis due to the backlog piling up

The burgeoning backlog of RTI cases may eventually choke the system, warned Shailesh Gandhi, central information commissioner (CIC) for RTI. He was addressing a seminar on “How To Use the Right to Information Act Effectively,” at the PL Deshpande Kala Academy (Mumbai), on 3rd September. The seminar was the latest in a popular series organised by the Foundation for alert citizens, activists and civil society workers. Mr Gandhi was accompanied on the panel by SS Mundra, executive director, Union Bank of India,
VS Das, executive director, Reserve Bank of India (RBI) and Ashok Ravat, secretary, All India Bank Depositors’ Association.

Mr Mundra gave a brief history of the Act and Mr Das recounted RBI’s experience on dealing with RTI cases. Mr Gandhi said, “More and more people are taking the RTI route; we have a massive backlog building up. Soon, RTI will face the judicial system’s fate—delays will eventually end up choking it.” Mr Gandhi said that in the three years since he took charge, he cleared nearly 14,000 cases—much more other CICs. He said, “With only the present backlog, without further additions, each PIO (public information officer) has to clear 3,200 RTI applications annually.” Successive appeals add to the backlog; some applicants come up with facetious and voluminous queries. He referred to an application which sought minute details of a government tender. “When I met the person and asked why he wanted the information, he confessed that he had no objective.” Mr Gandhi said RTI should not become a tool to harass officials. “Inspection of files in cases of lengthy queries will save time and money, for applicants and PIOs,” he said.

Random ‘stays’ obtained from courts also choke the system. Mr Gandhi cited an example where the Bombay High Court had stayed the disclosure of certain documents pertaining to the Emergency (1975-77), though the CIC had ruled in favour of disclosure. “About denying information, most PIOs do not understand the exemptions prescribed under the Act. They often say that information cannot be granted simply because it relates to a third party or it is sub judice or because it is a part of ‘Cabinet papers’, without realising that information cannot be denied on these grounds.” The CIC said, “Higher penalty is not a solution for erring PIOs—authorities can take corrective measures within the framework of the available law.” He agreed that a timeframe must be specified for the second appeal. The CIC talked about Section 4 of the Act, which relates to suo moto dissemination of information by public authorities, saying that this Section is the heart of the Act. A combination of lobbying and campaigning to develop a culture of transparency can sensitise people about the Act, Mr Gandhi said. The Foundation will hold another seminar on RTI on 15th October with former chief information commissioner Wajahat Habibullah as the speaker.