No Provision Under RTI Act To File Complaint Against Applicant Who Sought Information: Punjab & Haryana High Court

The Punjab & Haryana High Court has quashed a criminal complaint filed against RTI applicants for alleged forgery and cheating, establishing a critical precedent that the RTI Act and its rules do not provide for penal complaints against individuals exercising their right to information. The court emphasized that without specific statutory provision, private officials cannot initiate prosecution against applicants, thereby protecting the fundamental purpose of the transparency law from being used as a tool for intimidation. The judgment underscores that essential legal ingredients for cheating and forgery, such as fraudulent intent to cause property loss or injury, were entirely absent in this case. By ruling that no harm was caused to the state exchequer and that the complainant lacked standing, the court rejected attempts to criminalize standard RTI procedures. This decision validates that seeking information should not expose citizens to arbitrary legal threats from government functionaries who may be unwilling to comply with disclosure requests. This ruling is highly relevant to the open data and transparency movement as it safeguards citizen access to public records. It reinforces the principle that RTI applicants are legitimate users of information systems, not potential criminals, and prevents the weaponization of criminal law against those demanding accountability. By removing the fear of false charges, this judgment encourages greater civic engagement and strengthens the infrastructure of open data by ensuring that information seekers are not penalized for their legitimate requests for government transparency.

Source: livelaw.in
Published on 2024-04-06

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