'Cantankerous Litigant': UP Information Panel Disqualifies RTI Applicant For ‘Highly Unreasonable’ Behaviour

The order was issued last month by State Information Commissioner Ajay Kumar Uprety, who is also the presiding officer, against Prayagraj resident Deepak Shukla.

Representational Image.

Source : File

The Uttar Pradesh Information Commission has declared an RTI applicant to be a "cantankerous litigant" and urged that he be "disqualified from seeking information under the RTI Act from public authorities" in a landmark decision, news agency PTI reported. It observed that the appellant has acted in a "highly unreasonable manner" and has shown no willingness to listen to reason.

“The commission finds (that) in his hands, RTI (Right to Information) will become a tool of intimidation and oppression,” the order was quoted by PTI in its report.

The order was issued last month by State Information Commissioner Ajay Kumar Uprety, who is also the presiding officer, against Prayagraj resident Deepak Shukla.

Shukla reportedly made derogatory statements and threatened the presiding officer and his employees.

 “It is clear from his behaviour that he is indulging in such an act to get the decision of the commission and the presiding officer in his favour," the order reads. 

According to Uprety's ruling dated July 17, it also came to light that Shukla attacked Amrit Lal, the public relations officer of Veer Bahadur Singh Purvanchal University, Jaunpur, following the hearing in another matter on June 27.

On the basis of Lal's complaint, a case was registered against him at Vibhuti Khand police station under sections 353 (assault or criminal force to deter public servant from discharge of duty), 323 (punishment for voluntarily causing hurt), and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code.

Aside from that, Shukla continuously posts "baseless, indecent, undignified, and threatening" content on social media against the commission, state information commissioner, and commission personnel so that "pressure can be exerted on the commission and a decision on his application can be delivered in his favour," according to the order.

“…it is clear from his behaviour that he makes an effort to disrupt the decisions of the commission/presiding officer,” it added. Uprety further stated in the order: “The commission is of the view that the appellant is a cantankerous litigant. He has been behaving in a highly unreasonable manner. He does not show any inclination to listen to reason.”

According to the state information commissioner, he is constantly causing problems for the commission and its personnel.

“The commission finds (that) in his hands, RTI will become a tool of intimidation and oppression. (The) commission records severe condemnation of his behaviour and recommends disciplinary action against him. (The) commission directs public information officers to seek remedies under the civil and criminal laws for his behaviour,” the order said.

Uprety further said: “The commission records its admonition for the applicant for derogatory remarks against commission/commissioner/staff and impeding decisions of the commission. The behaviour of this applicant is absolutely undesirable.”

“Urgent action is needed to stop his unbridled behaviour so that the commission could give its decision freely without any pressure. He should be disqualified for seeking information under the RTI Act from public authorities,” according to the order.