PIO BEWARE
Under section 18(3) of the Right to Information Act 2005 the
Central/ State Information Commission, as the case may be, shall
while inquiring into any matter under this section, have the same
powers as are vested in a Civil Court while trying a suit under CPC,
1908 (5 of 1908).
In the light of above provision in the RTI Act-2005 the
following sections of Indian Penal Code and Chapter IX, X and XI of
The Code of Criminal Procedure, 1973 providing punishment also
deserve attention:-
166 - Public servant disobeying a direction of the law with intent
to cause injury to any person - simple imprisonment for 1 year, or
fine, or both. (Caution for Information Commissioners)
167 - Public servant framing an incorrect document with intent to
cause injury - Imprisonment for 3 years, or fine or both. The
offence is cognizable as well as non-bailable. (Caution for
Information Commissioners)
174 Not obeying a legal order to attend at a certain place in
person or by agent or departing therefrom without authority. -
Simple Imprisonment for 1 month. or fine of Rs. 500/- or both.
186 - Obstructing public servant in discharge of his public
functions - Imprisonment for 3 months, or fine of Rs. 500/-, or both.
209- False claim in a court of justice - Imprisonment for 2 yrs. and
fine.
217 - Public servant disobeying a direction of law with intent to
save person from punishment, or property from forfeiture. -
Imprisonment for 2 yrs. or fine or both. (Caution for Information
Commissioners)
218 - Public servant framing an incorrect record or writing with
intent to save person from punishment, or property from forfeiture -
Imprisonment for 3 yrs. or fine or both. The offence is cognizable.
(Caution for Information Commissioners)
219 - Public servant in a judicial proceeding corruptly making and
pronouncing an order, report, verdict or decision which he knows to
be contrary to law. - Imprisonment for 7 yrs. or fine or both.
(Caution for Information Commissioners)
228 - Intentional insult or interruption to a public servant sitting
in any stage of a judicial proceeding -Simple Imprisonment for 6
months, of fine or Rs. 1,000/- or both.
If the above is the position in the law of the country, a natural
question arise that what these Hon'ble Information Commissioners are
doing. Are they themselves not clearly flouting the legal provisions
and punishable under Criminal Procedure Code?
Friends, I wish an open debate on this issue and shall be obliged to
have your esteemed views both through this forum and also if kindly
sent to me in writing on the following address giving your mobile
number and email contact.
Dr. NIRAJ KUMAR
C 4/8, RIVER BANK COLONY
LUCKNOW - 226018
