Lucknow, August 24, 2024 – In a potent appeal to the heart of Uttar Pradesh's information bureaucracy, Sanjay Sharma, a vigilant citizen of Lucknow, has penned a letter urging critical reforms to the Right to Information (RTI) Act. Sharma’s impassioned plea, submitted on last Independence Day, highlights a pressing issue that threatens to undermine the very efficiency and fairness the RTI Act was designed to uphold.
Addressed to the Chief Information Commissioner of Uttar Pradesh and a host of other key officials, Sharma’s letter sheds light on an emerging practice that has been causing significant procedural chaos: the simultaneous filing of both complaints under Section 18 and second appeals under Section 19(3) of the RTI Act regarding the same RTI application. This practice, Sharma argues, leads to redundant and duplicative proceedings that not only burden the Commission but also risk infringing on fundamental principles of justice.
At the core of Sharma’s concern is the principle of double jeopardy—the legal doctrine preventing an individual from facing multiple penalties for the same infraction. This principle, enshrined in article 20(2) of Indian Constitution, is based on the principle of nemo debet bis vexari pro una et eadem causa (no one should be vexed twice for the same cause). While traditionally associated with criminal law, Sharma believes this principle is equally relevant in the RTI context, especially when penalties are imposed under Section 20 which are quasi-criminal. The risk of penalizing Public Information Officers (PIOs) multiple times for the same issue could undermine the spirit of fairness intended by the RTI Act and also the Law of Natural Justice.
In his compelling letter, Sharma proposes a series of reformative measures designed to address this issue and restore balance to the RTI process. Sharma’s first demand is regarding Immediate Dismissal of Duplicate Complaints in which Sharma calls for a directive that would see complaints under Section 18 dismissed regardless of their stage in Commission if they relate to the same RTI application which has a second appeal also. According to Sharma, This measure aims to eliminate redundant proceedings, allowing the Commission to focus its resources on resolving genuine cases.
Sharma’s second demand is to issue a Warning Against Duplicative Filings.To prevent misuse of the RTI process, Sharma suggests including a warning in dismissal orders. This warning would alert RTI applicants to the potential consequences of filing both complaints and appeals on the same issue, thus deterring frivolous or duplicative submissions. Sharma’s third demand is regarding incorporating a Mandatory Oath Clause for Online Submissions. Here Sharma recommends introducing a mandatory declaration in the online submission process for RTI complaints and appeals. This declaration would require applicants to affirm, under penalty of perjury, that they have not filed both a complaint and an appeal on the same RTI application. Such a measure would encourage careful consideration and reduce the incidence of duplicative filings.
Sharma’s proposals are a clarion call for reform that seeks to enhance the efficacy and fairness of the RTI system. By tackling the issue of redundant complaints and appeals, Sharma envisions a more streamlined process that can swiftly address genuine grievances while preserving the principles of justice and transparency.
As the Chief Information Commissioner and other officials contemplate these suggestions, the potential for significant improvements in the RTI framework is palpable. Sharma’s proactive approach underscores a commitment to refining legal processes to better serve the public and uphold the integrity of the RTI Act.
The next steps for the Commission will be closely watched, with many hoping that these proposed reforms will lead to a more streamlined, fair, and effective RTI system nationwide.
For further updates on this petition, one can contact Sanjay Sharma at email address sanjaysharmalko@icloud.com and phone numbers 8004560000, 9454461111, and 9415007567.