Vested Interests Abusing the RTI Act leading to Blackmail and Extortion of People: SC

The Supreme Court has stated that “abuse of the Right To Information (RTI) Act” by vested interests has led to cases of blackmail and extortion.

An SC bench headed by Chief Justice of India S A Bobde as well as Justice B R Gavai and Justice Surya Kant has also asked the central government to fill all vacancies in the Information Commission within three months, besides also seeking to know if any guidelines could be evolved to address the abuse of the RTI Act.

The bench was hearing an interim application filed by one Anjali Bhardwaj seeking a direction to the government to appoint information commissioners in a time-bound and transparent manner.

The Chief Justice stated that people who are in no way connected to an issue tend to file an RTI petition, leading to criminal intimidation, which is a polite word for blackmail. “We are not against the Right To Information. But there is a need for guidelines. It cannot be an unbridled right,” the Chief Justice stated.

The bench's observation came after an argument by lawyer Prashant Bhushan that despite the Supreme Court's February 15 judgment, the central government and state governments have failed to appoint information commissioners in Central Information Commission and various State Information Commissions. Bhushan told the Supreme Court he was involved in drafting of the RTI Act.

The Chief Justice replied, “Why do you think that we are asking you (to develop guidelines to filter RTI requests)? People file RTI after going to you. That is why we need guidelines”.

The Chief Justice stated that there may be innumerable cases of blackmail and extortion. If there are such cognizable offenses, then the people concerned should file a complaint with the Anti-Corruption Bureau.

“Why should every member get information, for example, if someone needs an axe to grind against an officer? We are asking for methods to stop abuse of RTI. Why do you think it happens,” the Chief Justice asked Bhushan.

Justice Gavai observed that there are people who use the term ‘'RTI Consultant’ on their letterheads. “They call themselves RTI activists. Is that an occupation? We want to stop the abuse of RTI,” the Chief Justice stated.

The Supreme Court also directed that the central government must publish names of members of the search committee to be put up on the website of the Supreme Court in two weeks, after it was told that such a committee was constituted on December 14.

The Chief Justice also asked Bhushan to file a contempt petition if the government fails to implement the Supreme Court’s February 15 judgment.