High Court Refuses to Stay Blacklisting of RTI Applicant for Excessive Requests

High Court Refuses to Stay Blacklisting of RTI Applicant for Excessive Requests
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Bengaluru: The Karnataka High Court has refused to block an order by the State Information Commissioner that had blacklisted an individual from seeking information under the Right to Information (RTI) Act for submitting multiple applications on the same subject.

The petition was filed by Devaprasad K, challenging the January 28, 2025, order that barred him from filing further RTI requests. The division bench, headed by Justice Suraj Govindraju, noted that while Devaprasad had filed 476 applications, there is no provision in the RTI Act to restrict a citizen from seeking information, provided the requests pertain to different aspects.

The court observed that the law does not allow misuse of the RTI Act but also emphasized that public-spirited individuals have the right to seek information. “Even if someone files hundreds of applications, it cannot be assumed they are misusing the law. The law should not be interpreted to curtail access arbitrarily,” the bench stated.

During the hearing, Devaprasad’s counsel argued that their client had sought information on varied aspects related to a single subject and had not duplicated questions unnecessarily. They cited that similar restrictions imposed on another RTI activist were overturned by the court.

The High Court issued notice to the State government, directing it to provide details of the nature of Devaprasad’s applications and the type of information requested. The matter has been adjourned to November 12 for further hearing.

The court’s observations reaffirm the importance of RTI as a tool for transparency and accountability, while cautioning against its arbitrary curtailment. The bench also highlighted that the government must ensure access to information is not denied without proper justification, ensuring citizens’ rights under the RTI Act are protected.

Background: Devaprasad K had filed over 400 RTI applications seeking information from various government departments. In response, the State Information Commission issued an order barring him from submitting any further requests under the RTI Act, citing potential misuse. The High Court has now stayed this blacklisting order, allowing him to continue exercising his right to information.

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