indian acts

For cops, RTI queries not right

2012-01-16T22:17:00.001-08:00

Here's an encounter that the city police are in no mood to encourage. Within days of a Right to Information activist subjected to third degree at a city police station, TOI finds that it wasn't a stray bad experience, with cops pulling out all stops to stay RTI-proof. In fact, police officers in some stations even say they are unaware of the RTI Act and remain most unresponsive when it comes to their responsibilities under the Act. And a telling reality: a significant number of pending cases at the Information Commission pertain to the police department.

From claiming that "there is nothing like RTI" to showing the door to quizzing on the reasons for filing an RTI query, police stations come across well-armed against anybody seeking information under the Act.

On Tuesday, TOI posing as an RTI applicant visited police stations with a simple three-question query: the number of FIRs filed at police stations in the year 2011, the number of cases solved and the number of cases pending. The Cyberabad commissionerate directed the applicant from one official to another, with the third official, an administrative officer, finally reluctantly accepting the application, saying that a "lot of information" had been sought in the query and it would take over a month to put it together.

The Punjagutta police station did not deny giving information. It simply refused to accept the RTI query since the letter was "not in an envelope". In fact, it took time for the concerned Public Information Officer (PIO), the writer (who writes complaints and FIRs) at the station, to decide whether or not to accept the application. He threw a volley of interrogative questions demanding to know the applicant's background, details of professional life and also residence proof etc. The applicant was also advised to show more interest in other police stations and spare Punjagutta. The PIO also demanded to know repeatedly why the applicant was interested in these details and what he intended to do with it. After much persuasion, the PIO insisted that he would accept the application only if it was brought in an envelope. The RTI Act does not mention any such rule.

It was a similar experience at the Begumpet police station where an inspector first tried to physically stop the applicant from entering the premises. The second hurdle was once again the station's PIO (the writer) who bombarded the applicant with questions about background only to advise him in the end to concentrate on social service and stop filing RTIs which is not beneficial to anyone. However, unlike at Punjagutta they accepted the RTI application.

RTI activists corroborate TOI's experience with their own. P Ramakrishna, an RTI activist shared how a colleague had gone to Chandanagar police station on December 4, 2011, to file an RTI query on the number of road accidents in the area. "He was held over and the inspector called me from the station. I was asked rudely about why we needed this information," says Ramakrishna, adding that he recorded that telephone conversation where the inspector was threatening him. While the RTI query was finally accepted, a reply is still awaited.

Another activist, T V Bhaskar of Guntur said that he received threatening calls four months ago following which he informed the collector and district SP and sought protection, which was denied. A government circular released in 2010 states that any RTI activist seeking protection should be provided the same.

Known RTI activist C J Karira said that the home department was the most RTI-unfriendly. He said as per the Act, every police station should have a board outside giving details of the PIO and the appellate officer which is not being followed in any police station in the city.

Haryana schools, colleges' curricula to have RTI

2012-01-16T21:53:00.000-08:00

The Haryana education department will add a chapter on the Right to Information (RTI) Act in the curricula of schools and colleges across the state, a senior officer said here on Saturday.

Chief Secretary Urvashi Gulati said this was one of the several steps being taken to make the administration transparent and making people, especially the younger generation, aware to take advantage of the RTI Act.

She said that with a view to promoting openness, transparency and accountability in the working of every public authority, the RTI Act had been fully implemented in Haryana.

Gulati said all departments in the state have been directed to prepare their 'Citizens' Charters' to improve performance in service delivery and to provide service which meets people's needs.

"The Citizens' Charters of 111 departments and organizations have so far been formulated and the charters of the remaining department and organizations are in the process of being framed," she said.

For MCD 'no information' is also info under RTI

2012-01-15T22:19:00.000-08:00

The Municipal Corporation of Delhi has received flak from the Central Information Commission for its failure to provide information to an RTI applicant and claiming otherwise. The curious case came before the Central Information Commission where an MCD official, when questioned by Information Commissioner Shailesh Gandhi during the hearing, said information sought by the applicant has been furnished. When grilled, the official Jagdish Prasad, produced a reply which said, "Since this information is time consuming the department may prepare the information, as and when report will be compiled and it will be provided to you as early as possible".

Such a reply prompted a stern warning from Gandhi. "The Commission warns the PIO not to send people for hearings who do not have the capacity of understanding what information is," he said. The case relates to one Swarn Kumari Sharma of Karol Bagh who was trying for last one year to know details of Assured Career Progression scheme of teachers in MCD schools but was not provided any response to her questions. The RTI Act mandates furnishing of information within a month of application.

"From the facts before the Commission, it is apparent that the PIO and the deemed PIO are guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act," Gandhi said while issuing showcause notice to officials of the MCD. "Mrs Vijaylaxmi then PIO and Deemed PIO Mr Jagdish Prasad, School Inspector will present themselves before the Commission...alongwith their written submissions showing cause why penalty should not be imposed on them as mandated under Section 20 (1)," he said.

Govt owes Rs 110 cr to Air India for VVIP flights

2012-01-15T22:11:00.000-08:00

The government owes over Rs 110 crore to cash-strapped Air India for its special flights which ferry VVIPs including the President and the Prime Minister on their visits abroad which it is trying hard to realize.

The national carrier, which is facing a financial crunch, has pending bills of 12 special flights for the President, the vice-president and the Prime Minister which amount to over Rs 110 crore, an RTI reply from the carrier said. It said during July last year, the total outstanding bills were Rs 291 crore.

"Out of the above amount, recently the government has paid Rs 181.30 crore leaving a balance outstanding amount of Rs 110.60 crore," the reply said. The records show that two bills of are pending with the defence ministry for the abroad travel of the President to Abu Dhabi, Dubai, Damascus and Aleppo during November 20-30, 2010, which is Rs 14.5 crore and another to Paro via Bagdogra which is Rs 4.45 crore. The bill to Paro, Bhutan is nearly three years old, the reply dated December 28, 2011 said.

Five bills worth Rs 55.81 crore are pending with the Cabinet Secretariat for the travel of the PM to Huahin, Thailand during October 23-25, 2009, to Paro, Bhutan during April 27-30, to Tokyo, Kuala Lumpur, Hanoi during October 23-30, 2010, to Seoul during November 9-12, 2010 and to Brussels and Berlin during December 8-12, 2010.

One outstanding bill for the travel of the vice-president to Male, Maldives is pending since November, 2008. The total bill for this trip was Rs 2.77 crore of which part payment was done leaving an outstanding of Rs 39 lakh.

CIC to list all pending cases on website

2012-01-15T22:06:00.000-08:00

With complaints of arbitrariness in hearing of cases piling up, the Central Information Commission last week began listing out pending cases before each commissioner on its website. Cases pending before chief information commissioner Satyananda Mishra and information commissioner Shailesh Gandhi have already been uploaded while the other commissioners are likely to follow soon. This is the first time that an information commission has displayed at least a partial list of cases pending before it.

Speaking about the move, Mishra said, "This is an added advantage to the public. Other commissioners will also put up their list of pending cases but we have not set a time frame." CIC has a pendency of 22,000 cases with about 2,500 cases added every month. The decision was prompted by an RTI application that sought information on the status of a case filed a year ago. Information commissioner Shailesh Gandhi said that in replying to the decision, the commission realized that the case was over a year old and was inadvertently left out of the cause list.

"I realized that if a mistake had been made in one case, it could have been made in some others as well. A careful search of 2010 cases revealed another 110 cases which had been forgotten and missed completely," Gandhi said. In fact, one of the cases related to the widow of a government employee and her struggle to get pension that only ended 17 years later.

The 'List of pending cases' has been displayed on the CIC website and will be updated every month. Gandhi said, "CIC is only six years old and this will be an opportunity for us to correct mistakes and also reassure citizens that there is fairness in taking up their cases. In most commissions and judicial bodies, citizens suspect arbitrariness and corruption in the listing of cases. The simple act of listing all pending cases publicly will go a long way in restoring citizens' confidence in these institutions, and also act as self- regulating check."

No corruption in IB selection process: HC

2012-01-15T21:59:00.000-08:00

The Delhi High Court has dismissed a plea under the transparency law for disclosure of selection norms and appointment process in the country's internal intelligence agency, Intelligence Bureau (IB). A bench of Justice Vipin Sanghi rejected the plea by an unsuccessful IB job aspirant, dismissing his accusation that IB selection process was plagued by corruption.

"It appears that the selection process has been conducted in a transparent manner, and there is nothing to indicate any corruption in the said process," Justice Sanghi said. The high court's order came on an appeal by IB job aspirant Ravinder Kumar Kataria, challenging the Central Information Commission's June 2011 order, dismissing his plea earlier for disclosure of selection process and norms in IB. Kataria had alleged he could not be selected for the post of Junior Intelligence Officer (JIO) in IB in 2009 due to corruption.

The court accepted the Union Home Ministry's argument that Kataria is a Scheduled Caste (SC) candidate and there were 17 posts reserved for SC category. All posts have been filled and the petitioner had scored lesser marks than the candidate last recruited in SC category, while the cut-off marks for the general category were substantially higher, the ministry told the court, seeking dismissal of Kataria's plea.

Kataria had approached the CIC after the Public Information Officer (PIO) had rejected his query saying Section 24 of the RTI Act exempts the intelligence and security agencies from the Right to Information Act's purview. The CIC had rejected Kataria argument that the information sought by him did not pertain to IB's functioning and merely pertained to the recruitment process for public employment by the agency and so the said information should be given to him.

CIC tells high court to get its act right on RTI

2012-01-15T21:55:00.000-08:00

The AP High Court was pulled up by the Central Information Commission (CIC) for its failure to adhere to the RTI Act. Nine other high courts besides AP's have been given three months time to get their act right. The CIC was reacting to a complaint filed by Hyderabad-based RTI activist C J Karira and Mani Ram Sharma of Rajasthan between December 2009 and March 2010. The complainants had stated that there was no disclosure of information under section 4 (1) (b) of the RTI Act by the courts. The case came up for hearing on December 30, 2011 and the order was passed on Thursday, ordering the high courts to fall in line within three months.

As per section 4 (1) (b), every government department should disclose complete details of the organization, employees, decisions taken by it and budget, among other details. According to the Act, this information should be updated as frequently as possible and made available to public by whatever means possible, including internet.

Apart from the AP High Court, the high courts of Gujarat, Himachal Pradesh, Jharkhand, Rajasthan, Allahabad, Madras, Guwahati, Punjab & Haryana and Sikkim were directed to start complying with the rule. However, since the Guwahati HC had recently updated all the details in conformity with the RTI Act, it was appreciated by the CIC and suggested that the court model could be emulated by others.

The complainant, Karira said, "For the past six years, from the time the RTI Act was introduced in 2005, the AP High Court has never abided by the section 4 (1) (b). The court has not provided the details related to it and its employees either on the internet or manually.

This section not only introduces transparency in the system but informs the public with clarity about the officials and the functioning of a department." Karira also expressed his disappointment that most of the departments in the state government were not following this particular section.

Strengthening of RTI Act demanded

2012-01-03T04:34:00.000-08:00

The delay in getting information and the vague information provided for applications submitted under Right to Information Act is upsetting the RTI users who say that these ‘bureaucratic rules’ would water down the spirit of the Act.

A meeting of the RTI Users Coordination Committee held here on Sunday has decided to submit a memorandum to Chief Information Commissioner Sibi Mathews on the problems faced by the RTI users. RTI users from various districts shared the difficulties they faced in

getting response to their applications.

The main complaint was that most of the lower level State Government offices had been rejecting the applications saying that the concerned file was missing. The meeting constituted a 25-member ad hoc committee with P Sharfudheen as convener. Rajan Kalam, Raveendran Kandoth, P S Vijayan and K V Janardhanan have been elected as joint conveners. The gathering demanded the State Information Commission to impose a specific time limit for disposal of Second Appeals, which is not exist at present.

This is resulting in the pending of appeals before Information Commissioners and causing financial loss to the applicants.

The meeting also decided to constitute district-level committees of RTI users and activists.“The RTI law demands transparency at every stage of public service, but the officials are not keeping time schedule for making decisions over the appeals,” said P Sharfudheen.

“We will point out the issues and complaints to the Chief Information Commissioner soon. The proceedings are getting unseasonably delayed and only a few applications received replies recently. We demand strengthening the RTI by ensuring a transparent procedure for State Information Commission and a system for their uniform functioning, he added.

Kolkata hospital fire: An RTI query which may have averted AMRI blaze

2011-12-24T03:14:00.000-08:00

Had the West Bengal government bothered to reply to a query about the city’s AMRI Hospital under the Right to Information (RTI) Act, the devastating fire which claimed 94 lives might have been averted, a doctor said Thursday.

“If the health department had been bothered by our query, they certainly would have visited the hospital or talked with its authorities for the information. This not only would have put in motion the government machinery but also woken up the hospital administration,” said Kunal Saha, president of People for Better Treatment (PBT), an organisation fighting medical negligence.

“Who knows, the hospital, afraid of government action, would have rectified the fire safety mechanism and the tragedy might have been averted,” he added.

Police and fire department investigation reports show the hospital had flouted several fire safety measures.

PBT treasurer Mihir Banerjee filed the RTI query Oct 31 regarding the registration and financial details of the AMRI Hospital.

After not receiving a reply, Banerjee again filed a query Dec 15, this time before the appellate authority. A reply is still awaited.

Saha, who earlier had sued and won a record Rs.1.73 crore compensation for his wife’s death due to medical negligence in 1998 against the hospital and several doctors, has approached the apex consumer forum seeking their imprisonment for the failure to pay the awarded amount.

“More than eight weeks have passed since the order of compensation (Oct 21) was passed but the respondents (which includes AMRI) have not paid a single penny till now. So Dec 19 we filed a suit at the National Consumer Disputes Redressal Commission (NCDRC) asking for their imprisonment under the relevant law,” Saha said.

Seven of the hospital’s directors are under arrest and facing trial for various offences in connection with the Dec 9 tragedy. A look out notice has also been issued for three other directors.

Want revaluation? File an application under the RTI Act

2011-12-23T03:08:00.000-08:00

Madhya Pradesh universities have decided to do away with the revaluation system on the ground that the procedure is rather cumbersome. However, a student, who wants his/her answer sheet revaluated, could take recourse to Right to Information (RTI) route for the purpose.

The new rule also seeks to scrap the provision that no mark will be added to the revaluated answer sheet unless there is a 10% increase in total marks. Also, the double rounds of revaluation will be eliminated in the new system.

The coordination committee of the state’ universities headed by chancellor and governor Ram Naresh Yadav passed a resolution to this effect on Thursday at Raj Bhawan in Bhopal. Vice-chancellors of the state’s universities attended the meeting.

Confirming this, officiating vice-chancellor of the Devi Ahilya Vishwa Vidyalaya (DAVV) Raj Kamal said the committee passed the resolution that students can seek revaluation under the RTI. However, the government is yet to issue a notification on the matter.

The resolution provides change in the rule to apply for revaluation. Now a student, who wants revaluation of his/her answer sheet, will have to apply under the RTI Act. His application will be submitted to a three-member committee to be formed at university level.

The committee will put across the student’s demand to the university and then revaluation will be permitted. In the existing practice, students wanting revaluation are required to fill revaluation form available at their college office.

Is CIC empowered to prosecute for perjury? Court issues notice

2011-12-23T03:07:00.000-08:00

The Delhi High Court Friday issued notice to the Department of Personnel Training (DOPT) on a plea seeking its direction on whether the Central Information Commission (CIC) was legally empowered to prosecute an entity or a person for the offence of perjury if false documents are filed before the commission.

A Delhi-based lawyer, Shanmuga Patro approached the Delhi High Court after being refused by CIC to initiate a criminal complaint against the Rajiv Gandhi Foundation, its aides and affiliates, who, according to him, misled CIC by filing forged and fabricated documents in evidence and succeeded before CIC.

Justice V.K. Shali hearing the matter sought response from DOPT before the next date of hearing March 16, 2012.

Through the petition, Patro raised the issue as to whether the CIC could be treated as a court for prosecuting persons for the offence of perjury or not.

Patro, the petitioner, argued: ?If a person or entity is permitted to give false documents and evidence before CIC with impunity, then how can CIC be expected to enforce Right to Information??

The petitioner said that in June 2011, he approached CIC to institute proceedings under Section 340 of CrPC and sought initiation of criminal case against the foundation, its aides and affiliates for filing forged and fabricated documents in evidence before the panel.

In December 2011, CIC had refused to initiate prosecution for the offence of perjury against foundation and ordered that ?it has no powers to take action for perjury under Section 340 of CrPC?.

Based on the information and reports filed by Rajiv Gandhi Foundation, the CIC had in October 2010 declared that Rajiv Gandhi Foundation is not a `Public authority? in terms of RTI Act and is not bound to provide information under Right to Information Act.

Patro, however, alleged: ?While Rajiv Gandhi Foundation informed CIC that only about 4 percent of its revenue is received from Government, in reality it receives a greater percentage of its revenue from Government.?

Being aggrieved with CIC?s order of expressing inability to examine whether Rajiv Gandhi Foundation committed perjury or not, Shanmuga Patro approached the Delhi High Court.

?Outcome of this case will decide CIC?s powers to commence criminal cases against parties who have been committing perjury, offences against public justice and offences relating to documents given in evidence before CIC,? said Patro.

The petitioner in his petition also raised the question whether the Information Commissioners, including the CIC, could be treated as “public servants” within the definition of section 195 of the CrPC.

Limit RTI applications to 250 words: DoPT

2011-12-22T03:11:00.000-08:00

RTI applications may now be limited to 250 words and to only one topic if the rules for processing of such applications suggested by the Department of Personnel may find their way through.

According to proposed amendments in the RTI rules, the DOPT, nodal body for implementing the Act in the country, has said each application will be limited to 250 words excluding the address of the public authority and applicant. It will also be limited to only one subject matter.

Even more surprising is the fact that RTI applicants will have to pay the "actual amount" spent by public authority on hiring a machine or any other equipment, if any, to supply information.

The rules will be a modification of the present RTI (regulation of fee and cost) rules, 2005 and the Central Information Commission (appeal procedure) rules, 2005.

The DoPT has sought the comments on these changes from public on email id "usrti-dovt@nic.in" by December 27, 2010.

The rules have resulted in furore among RTI activists who say that they will be of no good to semi-literate and illiterate people who are the main users of the law.

"Though Comments being sought from Civil Society though in accordance with Section 4(1)(c) of the RTI Act, however this notification gets limited to only those who are net friendly and that too only two weeks time given," Commodore (Retd) Lokesh Batra said.

He said people from rural areas who do not have Internet access will be devoid of sending their views on the subject.

"Putting a word limit of 250 words will obstruct the Right to Information. There was very minute number of people who misused the provisions of RTI applications by asking large number of questions but there are enough powers to reject such applications. There was no need for such limits on word usage," said Subhash Agrawal, another RTI activist.

"The new rules widen the ambit of discretionary use by the concerned Public Information Officer who can reject the applications summarily," Venkatesh Nayak of Commonwealth Human Rights Initiative said.

He asked how can the government set a limit of words, especially when same set of questions in different languages will require different word usage.

He also said legally the process of RTI starts when application is submitted to a PIO. "The State cannot dictate the user to set word limit before process starts. Instead the CPIO should be empowered to ask the appellant to prioritise the information, in case of voluminous information," he said.

Bapu’s labour union cheats jobless mill workers of crores

2011-12-11T00:22:00.000-08:00

At a time when Gandhian Anna Hazare is set to begin a fast against corruption, a Gandhian institution in Ahmedabad has been accused of fraud.

Mahatma Gandhi started Majoor Mahajan Sangh in 1920 to fight for the rights of textile mill workers and even undertook a fast to convince mill owners to give the workers higher pay.

Today, the sangh is being accused of subverting Gandhian values. Police in Ahmedabad has accused leaders of the labour union of siphoning off crores of rupees meant to be compensation for jobless workers of 29 closed textile mills. The FIR, filed on Saturday, has named Raman Patel, president of the sangh, its secretary Manhar Shukla, chartered accountants Amal Datt & Associates, private lender Mohanlal Shah, Bapunagar Mahila Co-operative Bank and the HC appointed official liquidator as accused.

According to the FIR, savings accounts were opened in both cooperative and nationalized banks in the name of people who had never worked in a textile mill and the money withdrawn.

The scam came to light when Mansukh Parmar, who retired from Calico Mills in 1988, filed a complaint of fraud and embezzlement with the Navrangpura police. He told the police that when textile mills closed down in 1999, the Central government had come out with a scheme of giving the workers 18 months salary as compensation.

The sangh was asked to identify beneficiaries of the scheme and Parmar was on one of the committees identifying workers. Parmar alleges Calico Mills had 4,949 workers who were entitled for compensation. However, the sangh prepared a list of 5,757 names, 808 workers more than the actual number. He alleged that he was thrown out of the committee because he objected to this anomaly.

The sangh passed on the inflated list to the liquidator who issued cheques without verifying the names. Parmar had said in his complaint that instead of handing over cheques individually to beneficiaries, the liquidator gave all the cheques to the sangh officials.

The sangh officials have been accused of selling the cheques to a private lender at a discount. Police officials have found that at least 284 cheques have been issued in the names of people who had never worked in a textile mill. Yet, savings accounts were opened in their names in the Bapunagar bank and Rs 1.63 crore was withdrawn.

'Charge RTI fee as fixed in Act'

2011-12-09T00:10:00.000-08:00

The department of Personnel and Training (DoPT) has asked the states and competent authorities to 'harmonize RTI fee' and charge the amount as prescribed in the Act. The DoPT was forced to release the directive as there have been instances where state governments and departments have charged exorbitant fee, in lieu of the information sought. The hefty fee is a disincentive, said DoPT.

Further, the to make sure that state governments don't take it as just yet another order from

DoPT has asked states to inform it about the action taken. The department has written to the chief secretaries of all states, registrars of high courts and registrar of the Supreme Court to harmonize the RTI fee.

The sections 27 and 28 of the Right to Information Act empower governments and competent authorities to make rules to prescribe the fee payable under the RTI Act. In effect, Central government, state governments and high courts have notified fee rules.

However, DoPT said it has observed that the fee prescribed by different governments/competent authorities is at great variance. While most of the states, including Uttar Pradesh, charge Rs 10 for information and Rs 2 per annexure, very much in harmony with the rules defined under the RTI Act, Sikkim charges Rs 100 as RTI fee, per application, and Rs 10 per annexure. States like Haryana, Andhra Pradesh and Tamil Nadu charge varied amounts of fee.

Haryana and Tamil Nadu charge Rs 50, while Andhra Pradesh charges no money at village level, Rs 5 at mandal level and Rs 10 for all other public authorities.

"The second administrative reforms has said that states should frame rules regarding application fee in harmony with the Central rules and ensure that the fee should not become a disincentive for using the right to information," said DoPT, in response to a query by Subhash Chandra Agrawal, an RTI activist.

Delhi, Puducherry, Andaman and Nicobar, Mizoram, Karnataka, Orissa and Gujarat said they charge the same fee as prescribed in the Central rules.

UP, though has the Central rule in place, but is yet to inform DoPT about the action taken on its latest instruction.

ICWA answerable under RTI Act, says CIC

2011-12-07T23:58:00.000-08:00

The Indian Council for World Affairs, a foreign policy think-tank which is headed by Vice President as its ex-officio President with members including External Affairs Minister, is answerable under the Right to Information Act, the Central Information Commission has held.

The panel has received the complaint against the Council that even after six years of implementation of the RTI Act, the elite think-tank located in Sapru House was not complying with the section four of the RTI Act which mandates suo moto disclosure about its activities.

According to the RTI Act each public authority within 100 days of enactment of the RTI Act in October 2005 was mandated to appoint a Central Public Information Officer for receiving and processing the applications received under the law and comply with section four within 120 days.

When Information Commissioner Shailesh Gandhi issued notices to ICWA, its Assistant Director Anita Chopra said ICWA was a society registered under the Societies Registration Act, 1860 and was constituted as a body corporate and declared an Institution of National Importance by an Act of Parliament in 2001. Chopra also stated that ICWA is substantially and directly funded by the Government of India.

"Thus from the statement of Ms. Anita Chopra it is apparent that ICWA is a public authority as defined under Section 2(h) of the RTI Act," Gandhi said.

He said all public authorities were expected to appoint Public Information Officers and First Appellate Authorities as also comply with their obligations under Section-4 of the RTI Act before October 12, 2005.

"It appears that ICWA may not have complied with these requirements," Gandhi pointed out directing the Council to fulfill requirements of the law before December 30.

223 lions, 193 leopards died in Gir in last four years

2011-12-06T00:04:00.000-08:00

Even as Gujarat prides itself as the only home to the Asiatic lions in India at Gir National park, as many as 223 lions and 193 leopards have died in the sanctuary since 2006-07. The last census of lions in 2010 revealed that there were 411 lions in the Gir Sanctuary.

In reply to an application filed under the Right to Information Act (RTI), the office of the chief forest conservator informed out of 223 deaths, seven were the result of poaching while others died of natural causes or accidental deaths. The number of death due to natural causes stood at 182, while 33 have died due to accidents.

The last lion killed by poachers was in 2009-10. SK Nanda, principal secretary of forest and environment department, Gujarat said he was not aware of any poaching cases in the last couple of years.

When DNA pointed out that this data was revealed under the RTI, he said they could be ‘alleged poaching cases’. He insisted, “There has been no poaching death in Gir. Local people are aware, and poachers can’t function in the region without their support.”

According to the information made available under the RTI, most of the natural deaths were caused by brain hemorrhage. A source close to the development said usually a lion suffers from brain hemorrhage when it collides with a tree or a rock after running tirelessly, especially when it hears a sound or sees a light in the midnight.

The RTI activist, who didn’t want to be named, said it was puzzling to find that most of the lions have died due to brain hemorrhage. “It could only happen if the lion runs because of fear and collides with a tree or rock,” he said.

The activist also claimed the state government’s figures related to the lions population are misleading.

The activist claimed the number of deaths mentioned in the RTI reply only takes into account the lions whose post-mortem have been conducted. “There are many lions whose autopsy is usually not conducted and they are directly immersed,” he claimed.

Pointing out the reason behind the unnatural or accidental death of 33 lions, in last five years, the activist said, “Lions have either fallen into the open pits or in the open well”.

Principal chief conservator of forest, Pradip Khanna could not be reached for comment.

Melukolupu, a techies wake up call on RTI

2011-12-05T00:14:00.000-08:00

To create awareness on the Right to Information Act, city-based NGO It’s Time to Make a Difference (ITMD) on Sunday released a short film Melukolupu. The film is directed by ITMD team member and software engineer M Sreenivas. Sreenivas is employed with Oracle.

ITMD plans to screen the film in rural areas to create awareness on RTI among the lesser privileged sections. The film narrates the importance of reacting to wrongdoings around us and tells how one can effectively make use of the RTI Act for grievance redressal.

ITMD has also begun online assistance for citizens wanting to file an RTI. “Templates are available on our website for RTI letters to the government on various topics. This is to help those who are not familiar with the format of filing RTI,” said Panasa Rama Krishna, president of ITMD. “In the past four months, about 400 templates have been downloaded from our website which reflects the increasing concern among the common man to be more involved in governance,” chipped in the members of the organisation.

In the next two months, ITMD is planning to create awareness about schemes that are not effectively reaching the beneficiaries such as the PDS and Indiramma Housing, the members said. Speaking on the occasion Chief Information Commissioner Jannat Hussain said, “RTI has made a tremendous impact on the country yet, rural India lacks awareness about the powerful tool. Also, a majority of those in urban areas who are familiar with the name of the Act do not know the details and its importance. NGOs should come together to create this awareness among people.”

Jannat Hussain who was present at the third anniversary programme of ITMD, lauded the NGO’s work in creating awareness about Right to Information. The rule is to give out information sought by the public and the bureaucrats will abide by it, he added.

RTI covers governor's report to President on state situation: HC

2011-11-23T02:20:00.000-08:00

The Goa bench of Bombay High Court stretched the RTI Act's ambit to the maximum when it ruled that a governor's report to the Centre about the political situation in a state could not be kept under wraps and ordered its disclosure upon an application under the transparency law.

This has sent shock waves in the power corridors as the Union Cabinet headed by the prime minister relies on the secret report sent by the governor to the President as a precursor to action under Article 356 of the Constitution for imposition of central rule in a state.

Aware of the serious political fallout of such disclosure, the Centre has asked its law officers to draft an appeal urgently to challenge the HC verdict in the Supreme Court. The appeal against the November 14 HC verdict is expected to be filed by early next week, official sources told TOI.

BJP leader Manohar Parrikar had sought a copy of the Goa governor's report to the Union home minister regarding the political situation in the state during the period between July 24 to August 14, 2007. But the governor's principal information officer declined to provide the same under RTI Act. However, the Goa State Information Commission directed Raj Bhawan to provide the report to Parrikar. The PIO appealed against it before the Goa bench.

A division bench of Justices D G Karnik and D M Reis said, "It must be held that the governor cannot claim an exemption under clause (e) of sub-clause (1) of Section 8 of the RTI Act in respect of disclosure of a report made by him under Article 356 of the Constitution."

Appearing for the governor's PIO, additional solicitor general Vivek Tankha said the information relating to day-to-day governance was available with ministries and departments and the rare constitutional functions discharged by the governor as the head of the state could not be said to have been discharged as a public authority as the RTI Act regarded him only as "competent authority".

But the bench saw no difference between the "competent authority" and "public authority". Relying on a Delhi High Court order which termed the chief justice of India as a public authority, it said, "The reason for which the CJI was a 'public authority' notwithstanding him being the 'competent authority' apply with equal force for not excluding the President and the governor from the definition of public authority."

It also refused to buy the argument that the President and the governors were the heads of the country and the state respectively and was not amenable to directions from any other authority like state information commission.

"Though the advice given by the council of ministers to the President or the governor, as the case may be, cannot be regarded as a command, under the constitutional scheme, the President and the governor in the bulk of matters are bound by the advice rendered by the council of ministers. In that sense, it cannot be said that the President and the governor are not in the habit of obedience to any other person or body of persons," said Justice Karnik who authored the judgment for the bench.

Dismissing the PIO's appeal, the bench said the President did not hold a fiduciary relationship with governors of states and hence, the information about the report made by the Goa governor to the President could not be held secret and kept out of the purview of RTI Act.

MPs owe more than Rs 7cr to MTNL

2011-11-23T02:15:00.000-08:00

Over Rs 7 crore is what some current and former Members of Parliament (MPs) owe MTNL as unpaid telephone bills. CNN-IBN has accessed RTI details obtained by activist Subhash Agarwal showing how much money is owed by the MPs.

An overall sum of Rs 19, 78,027 is owed by six sitting members, while 399 former Members of Lok Sabha and Rajya Sabha combined together owe over Rs 7.10 crore to MTNL. Of the six current MPs, five belong to the Congress.

Out of the current Lok Sabha MPs, the top defaulter is Hajipur MP Ram Sundar Das of Janata Dal (United), who owes Rs 9, 49,866.

Among the Congress MPs, Kalahandi MP Bhakta Charan Das owes Rs 3, 31,020, Amalapuram (Andhra Pradesh) MP GV Harsha Kumar owes Rs 2,08,660, Maharajganj (UP) MP Harsh Vardhan owes Rs 36,744 and Arani (Tamil Nadu) MP M Krishnasswamy owes Rs 3,19,740.

The sole current Rajya Sabha MP in the defaulters' list, Narendra Budania, is also from the Congress and owes Rs 1, 33,777 to MTNL.

Out of the former MPs, late Abdul Ghani Khan Chaudhary owed over Rs 34 lakh to MTNL, while Janata Dal's Basav Raj Patil owes as much as Rs 17 lakh.

As Abdul Ghani Khan Chaudhary is dead so the money owned by him cannot be recovered.

LS Speaker Meira Kumar owes R 1.98 cr as house rent!

2011-11-22T04:48:00.000-08:00

A bill of Rs 1.98 crore has been raised by the Estates Department of the Urban Development Ministry against Lok Sabha Speaker Meira Kumar for occupation of 6, Krishna Menon Marg since 1986 after the demise of her father late Jagjivan Ram. The Department of Estates, in an RTI reply, has given a list of 10 persons including "family members of Late Indrani Devi i.e. Smt Mira Kumar (sic)" and dues against them for occupation of bungalows.

The list shows Kumar has a pending rent due of Rs 1,98,22,723 for which a bill has been issued, it says. The department was replying to a query by RTI activist Subhash Chandra Agrawal on pending rent dues towards persons having occupied government premises after losing entitlement.

When contacted for comments, the Speaker's office said "the family members of Late Smt Indrani Devi, vacated 6, Krishna Menon Marg, New Delhi by 30.11.2002, and intimation in this regard was given to CPWD, NDMC, Director of Estates and other concerned authorities.

"NDMC disconnected water and electricity supply immediately. None of the family members of Late Smt Indrani Devi have, thereafter, been in the occupation of said premises," it said.

Two other persons mentioned in the list--Senior Congress leader Buta Singh and Telecom Regulatory Authority of India Chairman JS Sarma--have "Nil" dues against them, the reply said.

61 major railway accidents this year, though there has been a steady decrease over the years

2011-11-18T03:08:00.000-08:00

The Railway Board’s director of safety Ashish Merhotra, while replying to an RTI query said, “Only consequential accidents involving loss of life or grievous injury or loss of property worth Rs2 crore or interruption to through traffic above the threshold value are reportable to the board”.

Although it would be hard to remember; till September, Indian Railways has suffered 61 ‘major’ accidents, an RTI query has revealed. But the numbers have gone down steadily with time.

However, the Railway Board doesn’t maintain information separately for the performance under every minister. RTI activist Subhas Chandra Agrawal’s application got the following response from the Railway Board’s director of safety Ashish Merhotra: “Data of all major and minor accidents are not maintained. Only consequential accidents involving loss of life or grievous injury or loss of property worth Rs2 crore or interruption to through traffic above the threshold value are reportable to the board. Details regarding consequential train accidents are not maintained separately for tenure of each minister.”

This year, till September, there have been five cases of collisions, 28 derailments, 26 level crossing accidents, and two instances of fire. Last year, it totalled to 141 accidents, the year before that, it was 165.

On the positive side, however, the number of accidents seems to have come down over the years. In 1960-61 there were 2,131 accidents, including 1,415 derailments and 405 fires in trains. By 1970-71, the number had more than halved to 840. At the turn of the century, there were 473 accidents, and it dropped further.

Information on train accidents before 1960 is not available though. When Lal Bahadur Shastri was serving as the railway minister, prior to becoming prime minister, he had resigned in 1956 when a railway accident in Madhunagar claimed 112 lives. Though his resignation was not accepted by Jawaharlal Nehru, three months later he put down his papers following another accident in Ariyalur in Tamil Nadu that saw 144 deaths.

ATS constable gave Malegaon blast accused money, reveals RTI

2011-11-18T03:03:00.000-08:00

A police constable attached to Maharashtra Anti-Terrorism Squad (ATS) had sent Rs 3,000 in 2008 by money order to an approver-turned-hostile accused, currently lodged in a city jail for his alleged role in the 2006 Malegaon bomb blasts, an RTI query has revealed.

In response to an RTI query filed by Gulzaar Azmi, general secretary (legal cell) of a socio-cultural organisation Jamiat Ulama-E-Maharashtra, it was found that Sadashiv Abhimanyu Patil, a constable attached to Nashik unit of ATS had sent Rs 1,000 thrice to accused Abrar Ahmed through money order in August, September and November 2008 from his residential address at police headquarters in Nashik.

The RTI reply was received from city's Byculla jail on July 5 which gave details of money orders the 34-year-old accused had received between August 2008 and June 2011. "The real face of ATS has been uncovered. The then ATS chief K P Raghuvanshi had falsely implicated Abrar and made him turn an approver saying that they would take care of his family and him and sent him money," Azmi alleged.

Through Patil, the ATS had sent money to Abrar so that he does not turn hostile in future, he claimed. Abrar's brother and lawyer Jalil Ahmed said, "Strict action should be initiated against the constable and higher officials of ATS for such acts. Not only they falsely implicated my brother but also gave him money to turn approver and implicate others."

Ahmed said he started representing his brother since March 2009 following which Abrar decided to reveal the facts as to what had happened on the day and after the blasts. The accused had turned hostile in April 2009.

Citizens’ website shields identities of RTI activists

2011-11-18T02:58:00.000-08:00

Engineers, Who Met Online, Set Up Website To Protect Information Seekers From Attack

In an encouraging fillip for the Right To Information movement, a citizens’ initiative launched online allows applicants a shield of anonymity while seeking information from any public agency. The initiative operating under the ‘RTI Anonymous’ banner was floated on October 15 by three engineering professionals and comes at a time when transparency movements both in India and abroad are fighting for survival as information seekers are forced to work in an environment of growing hostility and resistance.

Earlier this week, citing financial reasons, whistleblower website Wikileaks announced that it would temporarily stop publishing secret government files. Closer home Prime Minister Manmohan Singh recently suggested that RTI was interfering with the working of the government. Attacks on information seekers have become commonplace, with transparency groups estimating that 28 activists have been killed since the RTI Act was passed in 2005.

For NRI Anand Sharma, web-designer from Delhi Avnish Singh, and IIT-Kharagpur student Ritesh Singh, it was the murder of RTI activist Shehla Masood which served as a wake-up call. Strangers to each other till social activist Anna Hazare’s India Against Corruption movement brought them together on common online fora, the trio decided to move beyond the agitation, pool in their expertise and lift the shadow of fear enveloping the RTI.

“The three of us were on a common social networking group and would post our opinions on what should be done next. This led to online chats and conference calls during which we realized that people who dared to stand up against corruption were being victimized,” recalls Sharma, an engineer working in the US. Given their technical know-how, setting up a website to facilitate RTIs for applicants who didn’t want to reveal their identity seemed the most logical step. The website, getup4change.org, allows anyone to log on and draft an RTI on the site or email the group using a dummy email ID. The trio and their informal network of volunteers take over from there.

“We file the RTI through random volunteers, who are based in different parts of India, thereby completely bypassing the possibility of any victimization. For instance, a volunteer in Delhi with a legitimate Delhi address files an RTI for an issue concerning Bangalore authorities,” explains Ritesh (19), adding that fellow-IITians have been volunteering to file the RTIs. Activists are more susceptible to attacks if they are within “geographical limits of the authorities they are seeking information for”. Dispersing the network of applicants, thus offers some degree of protection to information seekers.

Within two weeks of its launch, the group has drawn 35 volunteers including retired public information officers and received 105 applications on subjects varying from the spending of Parliamentarians to the illegal quota of liquor shops in Karnataka and misuse of funds in MP.

Calling the initiative a good idea, chief information commissioner Shailesh Gandhi said that the protection of whistleblowers has been a growing concern. “Such initiatives will ultimately strengthen the RTI movement. The only challenge is that information officers are unlikely to reveal sensitive information at the first go and the group would need to pursue matters diligently,” he cautioned. The challenges are evident. The website has in fact already faced a hacking attempt.

HOW IT WORKS

l RTI applicants can log on to www(dot)getup4change(dot)org
l Click on the ‘Submit RTI’ link to file a Right To Information application
l Users can also send an email with a dummy email ID, if they wish
l The team files the RTI through their network of volunteers at no cost to the applicants
l Applicants can choose to be appraised on the progress of their application via email
l The information or document is put up on the site once obtained
l The group has no details of applicants. So, identity of information seekers is protected

FREEDOM UNDER THREAT

Attacks on information seekers have become commonplace with transparency groups estimating that 28 activists have been killed since the RTI Act was passed in 2005
OCTOBER 2011 | Two Goan RTI activists, Derrick Dias (61) and Ganasham Kunkolkar (42) have been repeatedly attacked following their complaint against illegal motor garages
AUGUST 2011 | Environmental activist Shehla Masood (35) was shot dead in Bhopal while she was on her way to a rally in support of Anna Hazare
AUGUST 2010 | Activist Ramdas Ghadegaonkar was killed in Nanded after his RTI exposed irregularities in fuel and grain allocation under the public distribution system
MAY 2010 | Social activist Dattatreya Patil, who used the RTI to expose fake registration of handloom societies in Maharashtra, was killed in the textile town of Ichalkaranji
JANUARY 2010 | Whistleblower Satish Shetty who had exposed a series of land scams in the areas of Pimpri-Chinchwad, Talegaon and Lonavala was killed in Pune while he was taking a morning walk

The RTI is a landmark initiative in Indian democracy. It is unfortunate that activists and information seekers using this rightful transparency tool have been victimized and many have even lost their lives. It is time the government passes a legislation for the protection of whistleblowers.

The state should also be more proactive with its disclosures. Making citizens run around for information that is rightfully theirs is inexcusable. Any effort to dilute the RTI should be vehemently opposed.

CIC says disclose inspection reports of apex cooperative banks as well

2011-11-16T03:08:00.000-08:00

If there are certain irregularities in the working and functioning of such banks and institutions, the citizens certainly have a right to know about the same, Mr Gandhi said in his landmark judgement.

In an unprecedented order, the Chief Information Commissioner (CIC) Shailesh Gandhi has ruled that disclosure of inspection reports of apex co-operative banks of various states and Mumbai District Co-operative Bank must be shared with the public in a proactive manner. This kind of disclosure would certainly serve public interest, as mandated under Section 8(2) of the RTI Act, the CIC said.

Ruling out the public information officer's (PIO) contention that disclosing the inspection reports would prejudicially affect the economic interests of the Indian nation, the CIC said, "It is pertinent to mention that significant amounts of public funds are kept with institutions including co-operative banks which are regulated by the apex co-operative banks. Therefore, it is only logical that the public has a right to know about the functioning and working of such entities including any lapses in regulatory compliances."

"Merely because disclosure of such information may harm the economic interest of the state, this cannot be a reason for denial of information under the RTI Act. If there are certain irregularities in the working and functioning of such banks and institutions, the citizens certainly have a right to know about the same. The best check on arbitrariness, mistakes and corruption is transparency, which allows thousands of citizens to act as monitors of public interest. There must be transparency as regards such organisations so that citizens can make an informed choice about them," Mr Gandhi said in an order issued on 14 November 2011.

Mumbai-based Kishanlal Mittal has filed an application under the RTI Act asking for copies of inspection reports of apex cooperative banks of various states and Mumbai District Cooperative Bank from 2005. Mr Mittal also asked the National Bank for Agriculture and Rural Development (NABARD) to provide copies of all correspondences it had with Maharashtra state govt, the Reserve Bank of India (RBI) and any other agency of state or union government regarding Maharashtra State Cooperative bank from January 2010 onwards. He also sought confirmed and or draft minutes of meetings held by governing board and directors of NABARD from April 2007.

The PIO of NABARD, in his reply said that information about inspection reports and its directors' meeting sought by Mr Mittal, are exempted under Sec8(1)(a) of the RTI Act 2005. Unsatisfied with this answer, Mr Mittal then approached the first appellate authority, which did not pass any order within the stipulated time. Mr Mittal then filed second appeal with the CIC.

In its order the CIC said, “The Appellant (Mr Mittal) has sought copies of inspection reports of apex co-operative banks of various states/Mumbai District Co-operative Bank from 2005 till date. At the outset, this Bench is unable to agree with the PIO that disclosing the said inspection report(s) would prejudicially affect the economic interests of the Indian Nation. Moreover, even if the information sought was exempt under Section 8(1)(a) of the RTI Act, this Bench is of the considered view that disclosure of inspection reports of apex co-operative banks of various states/Mumbai District Co-operative Bank must be shared with the public in a proactive manner. This kind of disclosure would certainly serve public interest, as mandated under Section 8(2) of the RTI Act."

Section 8 (2) of the RTI Act states, “Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests”.

The fundamental rights of citizens, enshrined in the Constitution of India cannot be curbed on a mere apprehension of a public authority. The Supreme Court of India has recognized that the Right to Information is part of the fundamental right of citizens under Article 19 of the Constitution of the India. Any constraint on the fundamental rights of citizens has to be done with great care even by Parliament. "The exemptions under Section 8 and 9 of the RTI Act are the constraints put by Parliament and adjudicating bodies have to carefully consider whether the exemptions apply before denying any information under the RTI framework," Mr Gandhi remarked in his landmark judgement.

India's Right to Information Act under Threat

2011-11-15T23:19:00.000-08:00

In 2005, India’s government, led by the Congress Party, passed the long overdue Right to Information Act. Today, the act is an invaluable tool that grants every citizen of India timely responses to queries relating to any public body. It has been used an impressive 600,000 times, and an equally impressive 90% of the applications have been disposed of. Over 400,000 of these applications have been from rural India, with over 35% coming from Economically Weaker Sections (EWS) of society. It is clear that the act has empowered millions of previously marginalized and muted citizens.

Disturbingly, but unsurprisingly, certain elements in the political establishment now want to reduce the scope of the act.

It is a well accepted fact that corruption in India is endemic. It is prevalent from the lowest echelons of officialdom (with traffic police known to accept the equivalent of a $1 bribe to overlook a speeding violation), to the highest (one of the raging political controversies today involves politicians granting of telecom licenses at billions of dollars below their market values). While the former fosters a general atmosphere of petty lawlessness, the latter implies a monumental loss to the exchequer, funds that should have been used for public purposes.

Over the last year however, the RTI Act has aided the uncovering of a large number of political and economic scams and frauds, with judicial proceedings being initiated against high-ranking political dignitaries. If these cases can be taken to their legal conclusions and the guilty brought to book, it would signify a promising new era for a country that has struggled under the weight of bureaucratic and financial irregularities.

The arguments for limiting the scope of the act range from the barely logical (the selection of national sportsmen should be exempt from RTI on the grounds that full disclosure may foster bad blood between competitors for a particular spot) to the diabolical (exemption of the National Nuclear Safety Authority). Further, some of the suggested limitations are downright ludicrous; for example, it is unclear why RTI Applications should be restricted to 150 or 250 words. Presumably parliament now functions via Twitter.

The RTI Act was landmark legislation for India and has helped create the image of a modernizing democratic country. Curtailing it now, in addition to safeguarding those who have abused the lack of accountability that existed previously, would be cowardly and calamitous.