An RTI activist who moved the Karnataka Information Commission (KIC) to get information on government expenditure, is staring at criminal proceedings after an information commissioner hearing the appeal ordered registering a case against him.
N Narayanaswamy, a Right to Information activist based in Srinivasapur, had filed a second appeal in the KIC after officials in Kolar failed to provide details of the borewells drilled and pump sets supplied in the district under the Gangakalyana scheme.
However, Information Commissioner Dr K E Kumaraswamy, who heard the appeal, stated in his order that Narayanaswamy has moved the KIC despite getting the information he sought.
The order further states that Narayanaswamy abused the commissioner and made a threat against his life.
“The appellant has used abusive words and told the commissioner, ‘I will see you outside the commission. I have a gang and we will be waiting. We will not allow you to live,” the order stated.
Directing the secretary of the commission to register a case against Narayanaswamy, the commissioner sought police security by issuing “directions” to Bengaluru police commissioner Kamal Pant. To direct the police commissioner, Kumaraswamy has invoked the RTI Act’s 19(8)(a). However, this Act doesn’t give such powers to information commissioners.
“I have the authority to direct the police under the said sections. They need to protect the information commissioner,” he said.
Based on a complaint by KIC Secretary Narasimhappa, police have registered a case against Nrayanaswamy under IPC sections 506, 504 and 353.
DH sought details from Narasimhappa, but he said he was not aware of the case details. “I have only forwarded the order of the commissioner to the police. I was on leave when the incident happened,” he said.
Speaking to DH, Narayanaswamy refuted the accusation of threatening the commissioner. “The commissioner got angry because I stuck to my position that expenditure for the last three years is required. He got angry and ordered the police to take me out of the court. I was manhandled,” he said.
Mahithi Hakku Adhayana Kendra’s B H Veeresh said the information commission was becoming a khap panchayat.
“The commission should protect appellants. An information commissioner cannot order for registration of a case against an appellant. He can personally approach the police and file a complaint. This is a misuse of authority. Invoking provisions that do not exist will only bring disrepute to the commission,” he said.
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