Odisha's Landmark Ruling: RTI Activist Debarred for a Year in Contentious Decision

In a move that has sparked widespread debate and drawn both criticism and support, the Odisha Information Commission (OIC) has debarred Biswajit Mohanty, a prominent Right to Information (RTI) activist, from filing any applications or appeals for a period of one year. The decision, handed down by Chief Information Commissioner Suresh Chandra Mohapatra, cites Mohanty's prolific use of the Act as an act of harassment and an obstruction to public authorities.

Mohanty, known for his relentless pursuit of information, has reportedly filed over 10,000 RTI applications and more than 2,000 second appeals before various public authorities and the OIC itself over the last 15 years.

The Commission's order emphasizes that while the Right to Information is a fundamental democratic tool, it is not an absolute right and cannot be weaponized to harass, embarrass, or obstruct government bodies from performing their duties. The OIC referenced Section 16(1) of the RTI Act, which outlines the duty of the Public Information Officer (PIO) to provide information expeditiously, and suggested that the sheer volume of Mohanty's requests was overwhelming for the system.

The catalyst for this latest debarment was Mohanty's application seeking detailed information on the status of his various pending second appeals before the Commission.

He had asked for a list of all appeals he had filed, the dates they were heard, and the current stage of their disposal. The OIC viewed this particular application as further evidence of his pattern of attempting to burden and disrupt, rather than genuinely seeking information for public good.

However, Mohanty vehemently refutes these allegations.

He contends that his extensive filing history is a direct consequence of the widespread corruption and lack of transparency within public authorities. According to him, government departments consistently fail to provide information, necessitating the filing of appeals, and the OIC itself is often slow in disposing of these appeals.

He views the debarment as a calculated attempt to silence him and deter other activists from exposing wrongdoing.

This isn't the first time Mohanty has faced such action. In 2012, the OIC had similarly debarred him for six months, a decision that was later overturned by the Odisha High Court. That precedent adds another layer of complexity to the current ruling, with observers keen to see if this latest order will withstand legal scrutiny.

The case of Biswajit Mohanty encapsulates a broader, ongoing tension within India's RTI framework: how to balance the fundamental right of citizens to access information and hold power accountable, with the need to prevent the alleged misuse of the Act to harass officials or create undue administrative burdens.

The OIC's decision reignites a critical debate about the boundaries of transparency and the responsibilities of both information seekers and information providers in a democratic society.