New Delhi:
A day after the Prime Minister said that his government had taken unprecedented steps to bring in transparency, including bringing in the Right to Information act, Central Information Commissioner (CIC) Sailesh Gandhi, who retired yesterday, told NDTV that there is no transparency even in the way commissioners are appointed at the CIC, the watchdog body for the Right to Information.
By the time you read this, Mr Gandhi will have boarded a flight out of the capital heading to Mumbai where he plans to take two months off to recoup, reflect and restrategise. Three years nine months ago to the day, Mr Gandhi had sold off a successful plastics business after he was appointed as one of India's Central Information Commissioners.
As I catch up with Mr Gandhi at his office at the old JNU campus in the capital, a steady stream of visitors keep arriving. Some with last minute papers to sign, others to wish him. Interestingly while months ago Mr Gandhi had told me that he wants to leave no cases unheard, as one of eight commissioners, he leaves behind a backlog of just 50 cases or appeals soliciting government documents.
This by itself is an amazing feat. On average, former Central Information Commissioners have left a backlog of 500 files for other commissioners to clear. This adds to the massive and quickly growing backlog of 27,000 appeals confronting the eight current Central Information Commissioners. "Today if you file an appeal before the CIC, you will be lucky if you get a hearing within five months", adds Mr Gandhi.
Mr Gandhi is interrupted by his peon, who says that Mr Dhingra has been eagerly waiting to meet him for the past one hour and wants to have a minute with him. Mr Gandhi calls him in tells me that this is Harinder Dhingra, a retired businessman who has given up his business and files RTIs in public interest. Mr Dhingra, a tall man, is led in by the peon. He begins by apologising for interrupting our meeting but says that he has to rush soon to pick up his wife. He says he wanted to wish Mr Gandhi on his last day and also brings out a beautiful box with a smart silk tie as a gift. Mr Gandhi laughs and says that with NDTV around, he will now be accused of accepting gifts in exchange for favours. Mr Dhingra looks nervously at me and everyone laughs.
Mr Gandhi adds that Mr Dhingra had filed several RTI applications with the central Environment Ministry, but for months, did not get the information he was looking for. His appeal against the ministry found its way to Mr Gandhi. After hearing both Mr Dhingra and the Environment Ministry Information officer, Mr Gandhi ordered that the information be given to Mr Dhingra within two months. Mr Dhingra proudly adds that as a result, he not only got the information but the Environment Ministry officer thanked him for helping streamline the procedure for RTIs for all applicants. Mr Gandhi tells me that this is the true power of RTI, helping not only ordinary citizens but also strengthening the work of honest government officers.
Mr Dhingra rushes off, and now Mr Gandhi's tone gets more serious as he turns to me and says "It's unfortunate that people at the highest levels in government have given statements that there should be curbs to RTI, leaders should realise their folly or say we don't need democracy."
I remind him that it was after all the government which did appoint someone like him, perceived by many as being too radical in his approach. He describes this as a miracle, but says that "It's largely sifaarish or patronage which is at play while appointing people to head commissions."
Mr Gandhi is not alone in his belief. In April this year, India's Supreme Court took strong exception to the manner in which candidates were being hand-picked as commissioners by the government without making vacancies known to the public. This prompted the government to run an advertisement asking the public to apply and nominate those who could fill up vacancies for the CIC's top body.
Mr Gandhi believes that "a minimum of 30 per cent of information commissioners being selected should have an RTI background." "I even wrote about this to V Narayanasamy, the Minister of State for the Department of Personnel and Training. The nodal which oversees the RTI," says Mr Gandhi "but so far I have got no reply".
His views are echoed by another national campaigner for RTI. Shekhar Singh, one of the key architects of the RTI Act tells me "Mr Gandhi has been most remarkable as a central Information Commissioner for someone who knew the law and RTI."
Mr Singh works closely with National Campaign for Peoples Right to Information (NCPRI), a body which constantly monitors the implementation of the RTI Act across India and recently completed a comprehensive survey of the 'quality' of decisions given by various Information commissioners across India. "There must be an orientation for Information Commissioners so that they can understand the law. Sailesh was enthusiastic about the RTI. Not someone who wanted a car, government accommodation or the other perks after the end of a government job."
But was Mr Gandhi high-handed and perhaps too radical in his approach I ask Mr Singh?
Mr Singh chuckles and asks me what I feel, adding "The government was upset with Mr Gandhi that he was too harsh on government information officers, RTI activists were unhappy that Mr Gandhi did not push the envelope enough."
In fact Mr Singh says that protecting existing laws like the RTI will be crucial in bringing about transparency. Taking a pointedly different view from campaigners pushing for the Lokpal, Mr Singh adds "Before we ask for new institutions and new laws, let's make sure that the existing laws are strong. If you can get the institution and law to work to its maximum, you can then examine if you need new laws and institutions."
As I wish him for the future and get ready to leave his office, I tell Mr Gandhi that I suspect that many will miss him if not his decisions and radical thinking than for being a gracious host and listener. He smiles, and says that after a two month break with his family, he will be back to doing what he believes in, campaigning for the RTI. And this, I know he will.