In a case concerning the misuse of the Right to Information (RTI) Act, a Srinagar court has convicted the accused, a government employee, for filing forged RTI applications under the names of various individuals. The judgment, delivered by the 2nd Additional Munsiff Judicial Magistrate, highlights the fraudulent use of the RTI process to harass government officials and obstruct departmental inquiries.
The accused, a doctor by profession, was found guilty under Sections 419 and 471 of the Ranbir Penal Code (RPC) for cheating and using forged documents as genuine. The prosecution successfully proved that the accused filed multiple RTI applications in the names of other individuals to impede an ongoing departmental inquiry against him. The court noted that the accused misused the RTI process to cause undue pressure on the officials conducting the inquiry.
The investigation, initiated following a complaint from the Director of Indian Systems of Medicine (ISM), revealed that the accused had impersonated individuals, including the son of his landlord, by submitting RTI applications in their names. The court relied on forensic evidence, including handwriting analysis, which confirmed that the questioned documents were authored by the accused.
Despite the defense’s argument challenging the validity of the forensic report, the court found the evidence sufficient to establish the accused’s guilt. The judgment underscores the legal consequences of misusing the RTI Act, particularly in cases where it is employed to obstruct justice or harass individuals.
The case serves as a precedent for similar instances of RTI misuse, emphasizing the importance of upholding the integrity of the RTI process. The court’s decision reaffirms the principle that the RTI Act should not be exploited for personal vendettas or to evade accountability.
The court sentenced the accused to one year of imprisonment for each of the two offenses under Sections 419 and 471 of the RPC, with the sentences to run consecutively. Additionally, the accused was fined, with the stipulation that failure to pay the fine would result in an additional three months of imprisonment.
| Case Title | State of Jammu & Kashmir v. Dr. Zahoor Ahmad Tantray |
|---|---|
| Court | 2nd Additional Munsiff Judicial Magistrate, Srinagar |
| Judge(s) | Ahtzaz Ahmed |
| Lawyer(s) | Prosecution: John Mohammad; Defense: Ms. M.A. Peerzada |
| Date of Order | 27th August 2024 |
| Legal Point | Finding |
|---|---|
| Use of forged documents as genuine (Section 471 RPC) | The accused was found guilty of using forged RTI applications under false identities. |
| Cheating by impersonation (Section 419 RPC) | The court held that the accused impersonated others to obstruct a departmental inquiry. |
| Validity of forensic evidence | Handwriting analysis confirmed that the forged documents were authored by the accused. |
| Misuse of the RTI Act | The judgment emphasized the legal consequences of misusing the RTI process. |
| Defense’s challenge to the forensic report | The court dismissed the defense’s objections, relying on the expert’s testimony. |
| Date | Event |
|---|---|
| 30th October 2013 | FIR lodged following a complaint from the Director of ISM regarding forged RTI applications |
| 1st June 2015 | Forensic Science Laboratory (FSL) report confirmed that the questioned documents were forged |
| 13th March 2019 | Formal charges framed against the accused |
| 27th August 2024 | Court delivers judgment convicting the accused under Sections 419 and 471 RPC |
