Though delayed, after protracted battle with corrupt Odisha bureaucracy and inefficient, lethargic and law-ignorant Odisha Information Commission, RTI Activists achieved outstanding victory in ensuring justice to BPL people and downtrodden masses
· Tall claim of Nabin Patnaik Govt as Champion of poor is proved false and sheer deception.
· Though the BPL people are entitled to get information free of cost under section 7 (5) of the RTI Act, the State Government continues to deny the information free of cost since last 10 years.
· Decade-long Rally, Dharana, demonstration of the RTI Activists demanding to enforce section 7(5) of the RTI Act did not yield any result. The corrupt bureaucracy remained adamant to do all illegality to harass BPL people by depriving them of their legitimate right to get the information free of cost.
· Astonishingly, Odisha Information Commission ( represented by Sri D.N. Padhi, former Odisha Chief Information Commissioner, Sri Jagadanand, former State Information Commissioner, Prof. Radhamohan, Former Information Commissioner, Sri Tarun Kanti Mishra, former Chief Information Commissioner ) whose mandate is to protect law was found establishing unholy alliance with corrupt bureaucracy and behaved as dreaded criminals to subvert RTI and giving illegal direction to the PIOs to collect fees for information from the BPL people and deprived crores of BPL people of their legitimate right. The illegal direction of the Commission was challenged by RTI Activists in High Court.
· Exploring ways and means in order to provide justice to the BPL-RTI-Applicants, RTI Activists knocked at the door of Judiciary not once but twice seeking direction to State Government to comply section 7(5) of the RTI Act.
· In June, 2015, The Hon'ble Odisha High Court finally gave the direction to State Govt. to issue Gazette notification to provide information to the BPL people free of cost.
· At last, the State Govt. was forced to issue Notification to provide information the BPL people free of cost.
· Now, the BPL-RTI-Applicants are entitled to get the information amounting thousands of rupees free of cost.
· We the RTI Activists will remain alert not only enforcing and monitoring it but exposing anti-RTI character of Odisha Govt. and Odisha Information Commission in the days to come.
Dear friends
Right to Information Act which came into force on 12th October, 2005 has mandate to enforce a transparent and accountable governance system in the country and giving right to the Citizens to access the information held by the Public Authorities. As per section 7 (5) of the Act, the BPL people are required not to pay any kind of fee i.e., fee for application {section 6 (1) }, fee for information {section-7(1)}, fee for information in electronic format {section 7(5)}. But while framing the Rules i.e, Odisha RTI Rules, 2005, the State Government made a provision ( Rule-4) of only making application fee for BPL people free of cost while allowing other fees like fee for information to be collected from them. Though the law is supreme, but the State Govt. gave the direction to the officials to implement the law following the illegal provisions of Odisha RTI Rules. This arrangement made by the State Govt. gave unbridled power to the PIO to collect the fees from BPL people for information.
Though it was illegal, the Odisha Information Commission joined hand with State bureaucracy and endorsed and ensured this illegality by giving direction to the PIOs to collect from BPL people the fees for information. Sri D.N.Padhi who is a corrupt bureaucrat and joined as First Odisha Chief Information Commissioner , while adjudicating Complaint Case 11 and 12/2006 directed the BPL people to pay the fees for information violating section 7(5) of the RTI Act. It was vehemently opposed by RTI Activists. The Information Commission was publicly condemned for their act of illegality. As Sri D.N. Padhi is man of shrewd character, he, while hearing Complaint cases directed the BPL people to pay the fees for information but did not mention it in proceeding of the case. Under pressure from RTI Activists, the Commission made a recommendation to State Govt. on 16.11.2007 to provide BPL people information of 75 pages ( Rs. 150.00) free of cost. But the State Govt. did not give any importance to this recommendation and continued with their mandate to collect the fees from BPL people.
Campaign of RTI Activists continued and exposing anti-BPL mindset of Odisha Information Commission and State Government. In May, 2013, Sri Jagadanandi Mohanty, then State Information Commissioner while addressing a Workshop on RTI in Collectorate Conference Hall, Malkangiri spoke about misuse of RTI by non-BPL people who are seeking information in the name of the BPL people to get the information free of cost. A lot of complaints in connection of this issue have come to the notice of the Commission. Sri Tapan Padhi, prominent RTI Activist who was present there, then filed an RTI Application to the office of Odisha Information Commission seeking information about details of Complaint Cases filed about misuse of RTI quoting statement of Sri Jagadanand Mohanty. In response to RTI Application, the PIO said that there was no such information available in the Commission. The dangerous character of Sri Jagadanand Mohanty to satisfy all illegalities of the State Government and spreading misleading information in public domain was found true.
Campaign of RTI Activists took a turn, when Sri Tarun Kanti Mishra, then State Chief Information Commissioner while adjudicating a Complaint case No. 2028/11 gave direction to Sri Kunja Bikari Patra, BPL-Applicant and RTI Activist of Nayagarh district to pay the fees for information, though he pleaded to get the information free of cost under section 7 (5) of the RTI Act. The direction of the Commission was challenged by Sri Kunja Bihari Patra in Odisha High Court. While disposing the case ( W.P.C. No.- 4797/13) on 3.7.13, the High Court quashed the decision of the Commission as illegal and directed the PIO to provide the information free of cost in observance of section 7 (5) of the RTI Act.
This is one step achievement of RTI Activists to provide justice to the BPL people. This judgement was highlighted, largely circulated and demanded to all the Public Authorities to provide information to the BPL people free of cost. Being pressurised by the RTI Activists, the Odisha Information Commission made a direction to the State Govt. on 31.3.14 to issue notification observing direction of Odisha High Court.
The corrupt bureaucracy remained adamant and continued to collect the fees from BPL people. Then, Sri Dhoba Sahu, BPL-Applicant and RTI Activist of Kalahandi district who was denied the information free of cost , filed a Writ Petition No. 135/15 in Odisha High Court seeking direction to State Govt. to provide all BPL people the information free of cost. On 23.7.15, the High Court gave the direction to State Govt. to Comply section 7 (5) of the RTI Act. On 21.9.15, the State Govt. has finally issued notification to all the Public Authorities to provide the BPL people information free of cost.
Our legal battle for withdrawal of compulsory RTI Application, illegal provision of submission of proof of Citizenship at the time of submitting RTI Application, providing copy of the decisions of the Commission in Odia language is still going on and the case pending in Odisha High Court.
Pradip Pradhan
State Convener
Odisha Soochana Adhikar Abhijan
M-9937843482
Date- 20.10.15
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