πŸ‘️‍πŸ—¨️ When Power Evades Accountability: A Citizen’s Struggle to Expose the Myth of Democratic Immunity

✍️ By Rajnish Ratnakar
RTI Crusader | Founder, RTI & Public Grievance Warriors of India


πŸ—£️ “If public servants can’t be questioned, then we are not citizens—we are subjects. Let the people know: even the pen-pushers can face prison under IPC and BNS.”
— Rajnish Ratnakar


πŸ“… Date of Hearing: 20 May 2025

πŸ‘¨‍⚖️ Presiding Authority: Chief Information Commissioner Shri Heeralal Samariya

A simple RTI application I filed led to a stinging exposΓ© of how deep and deliberate institutional evasion runs in our system.

Through RTI appeal CIC/DHOME/A/2024/650794, I asked a foundational democratic question:
Can public servants be criminally prosecuted under IPC 1860 and Bharatiya Nyaya Sanhita (BNS) 2023 for failing grievance or RTI duties?

This truth, if admitted, would have rewritten power equations in India.
The establishment's answer? Silence, delay, diversion, and dismissal.


🚫 MHA, FAA, and CIC: A Chorus of Evasion

  • The Ministry of Home Affairs refused to answer directly and scattered the queries to other departments.
  • The First Appellate Authority dismissed my appeal with no legal reasoning or verification.
  • And finally, Chief Information Commissioner Heeralal Samariya, after a delay of 183 days, issued a non-speaking, cryptic order—without examining the RTI issues, summoning relevant officers, or acknowledging violations.

⚔️ “They hide behind silence. We fight with questions.”
— Rajnish Ratnakar


🧨 Caste and Constitutional Symbolism: Empowerment or Elite Instrumentalism?

Today’s government proudly projects its inclusivity:

  • President from the ST community,
  • Chief Information Commissioner from the SC community.

But as citizens, we must ask:
Are these dignitaries truly empowered to serve the oppressed—or merely symbolic tokens used to protect the establishment?

🧩 “When SC/ST representation only masks elite control, it becomes tokenism—not transformation.”
— Rajnish Ratnakar

Heeralal Samariya, despite his historic position as CIC from an SC background, failed to uphold the constitutional mandate of natural justice and citizen dignity in my case.
Where was the empathy? Where was the rule of law? Where was the courage?

When constitutional offices meant to serve the people begin shielding bureaucratic wrongdoing, representation without resistance becomes betrayal.


⚖️ Legal Breaches and Moral Collapse

Authority

Failure

Legal Breach

MHA

Dodged queries

RTI Act Sec 2(j), 4(1)(a)

FAA

Dismissed without reasoning

Sec 19(5), 19(6)

CIC

183-day delay, no issue framing or summons

Sec 19(8)(a), Art. 14, 19(1)(a), 21

DoPT

No legally qualified Commissioners

Namit Sharma v. UOIAnjali Bhardwaj v. UOI


🧱 What They Wanted to Hide

Had the MHA disclosed the data truthfully, it would have shown:

  • That public servants can face FIRs under IPC 1860 and BNS 2023.
  • That grievance and RTI officers are not immune to the law.
  • That citizens have real weapons against administrative tyranny.

This knowledge would arm the people—and threaten the unchecked comfort of bureaucratic monarchs.


πŸ—½ “Democracy isn’t ruled by vote banks or power blocs. It lives in the courage of citizens who dare to question.”
— Rajnish Ratnakar


πŸ“’ My Fight Is Your Blueprint

What happened to me isn't personal. It's a mirror to a national system that has grown resistant to the people it claims to serve.

Ask yourself:

  • Why are SC/ST officers silent in high positions?
  • Why does no one speak for the powerless from those seats of power?
  • Are we building a democracy, or dressing up a dictatorship?

 Join the Resistance. Reclaim Democracy.

πŸ“£ Facebook Group: RTI & Public Grievance Warriors of India
πŸ“š Blog Archive: RTI & Public Grievance Warriors of India

Let this blog post serve not just as a document of one case—but as a manifesto for awakening.

πŸ”₯ “The law belongs to the people. And no chair—however high—can escape it forever.”
— Rajnish Ratnakar


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