Sunday, October 31, 2010

Open Records protect public’s right to know

Selma Times Journal; Saturday, October 30, 2010
An Alabama Supreme Court ruling Friday has upheld the public’s right to know about the business of public entities.
The decision was the result of a lawsuit filed by the Times Daily newspaper. Reporters for the newspaper had requested records from the Health Care Authority of Lauderdale County and the city of Florence after the authority sought bids in a plan to bolter financing of two hospitals by selling assets.
A circuit court in Florence had already ruled against the newspaper. The state Supreme Court’s ruling said the health care authority is a local government entity and its sale of assets is subject to the Open Records Act of Alabama.
The Legislature did not specifically exempt health care authorities from the Open Records Act of Alabama, and its financial actions must be made public, the court said.
The reason for laws regarding the actions of public bodies is that people who sit in seats of power do not always want to be held responsible for their actions. Many times, open government makes those who wield power uncomfortable, even when no wrongdoing is apparent.
But the public has a right to know how its government spends tax dollars; how members of different bodies vote on issues and why; and the details of deals cut with other public entities.
In the case of the health care authority, the entity had told bidders their submissions would be confidential. The court properly disagreed that disclosure of the records might harm those bidding for the assets.
The Open Records Act of Alabama is a strong law. It is reassuring the court, in this case, did nothing to weaken it and access to information by the public.

Speaker abused power for gain, alleges advocate

TNN, Oct 31, 2010
BANGALORE: A city advocate filed a complaint with Lokayukta Justice N Santosh Hegde seeking action against assembly speaker K G Bopaiah under Section 13 of the Lokayukta Act, 1984, for abuse of power to obtain wrongful gain and to cause loss to the public exchequer.
Ramesh Babu claimed that Bopaiah abused his office, both as deputy speaker and speaker of the assembly since August 2008 and claimed house rent allowance (HRA) of Rs 20,000 and maintenance allowance of Rs 5,000 though he resides free of cost in the VVIP accommodation in the Legislators' Home. He also has Room No 244 allotted to him as an MLA. He claimed salary, HRA and maintenance allowance, both as deputy speaker and speaker for November 2009 and HRA and maintenance allowance for December 2009.
These facts obtained through a Right to Information Act application shows that Bopaiah as a public servant has abused his office for wrongful gain, the complainant stated. Justice Hegde said he'll look into the matter.

आदर्श सोसाइटी: पोल खोली थी RTI कार्यकर्ता ने

30 Oct 2010,नवभारत टाइम्स
मुंबई।। आदर्श को-ऑपरेटिव हाउसिंग सोसायटी घोटाले की पोल 2006 में आरटीआई कार्यकर्ता योगाचार्य आनंदजी ने
खोली थी। आनंद के पास करीब 300 पन्नों के दस्तावेज हैं, जिसमें आवंटियों की सूची, सीआरजेड नियमों का उल्लंघन और इस महा घोटाले को दबाने के लिए एमएमआरडीए द्वारा की गई कोशिशों का काला चिट्ठा दर्ज है।
आनंदजी को इस घोटाले का प्रारंभिक संकेत सेना के एक अधिकारी ने दिया था। इसके बाद उन्होंने बीएमसी, को-ऑपरेटिव सोसायटियों के रजिस्ट्रार, रक्षा मंत्रालय से सूचना के अधिकार कानून के तहत घोटाले की तह में जाने के लिए कई जानकारियां मांगी लेकिन कोई भी विभाग सूचनाएं देने को तैयार नहीं हुआ। एमएमआरडीए से उन्हें बमुश्किल कुछ जानकारियां हाथ लगीं।
आनंदजी ने घोटाले को पोल खोलने के लिए कुल 14 आरटीआई आवेदन दिए। इनमें से 7 आवंटियों की सूची हासिल करने के लिए दिए गए थे। आनंदजी के मुताबिक सोसायटी में प्रारंभ में 31 लोगों को फ्लैट आवंटित होने थे। धीरे धीरे यह संख्या बढ़ती गई और फिलहाल सोसायटी के स्वीकृत सदस्यों की संख्या 103 है।
याचिका सात महीने पहले दायर हुई थी
आदर्श को-ऑपरेटिव हाउसिंग सोसाइटी के खिलाफ बॉम्बे हाई कोर्ट में मार्च 2010 में जनहित याचिका दायर की गई थी। इसमें सोसायटी की ऊंचाई पर सवाल उठाते हुए पूर्व बीएमसी कमिश्नर जयराज के खिलाफ शिकायत की गई है।
पीआईएल में नियमों का हवाला देते हुए पूछा गया है कि जब 30 मीटर से अधिक ऊंचाई के लिए सीआरजेड की मंजूरी जरूरी है, तो इमारत की हाइट 104 मीटर करने की अनुमति किस आधार पर दी। याचिकाकर्ता वाई. पी. सिंह ने बताया कि पूर्व बीएमसी कमिश्नर ने अपने बेटे को फायदा पहुंचाने के लिए नियमों का उल्लंघन किया, क्योंकि वह भी सोसायटी में हिस्सेदार हैं।
आदर्श सोसाइटी के निर्माण के दौरान जिन बातों की अवहेलना की गई, वे हैं-
  1. पर्यावरण एवं वन मंत्रालय (एमओईएफ) ने 11 मार्च, 2003 में आदर्श सोसाइटी के निर्माण के लिए किसी भी तरह का अनापत्ति प्रमाण-पत्र (एनओसी) देने से इंकार किया। एमओईएफ ने कहा है कि कोस्टल रेग्युलेशन जोन नोटिफिकेशन, 1991 के तहत सीआरजेड में किसी भी तरह का निर्माण और विकास का फैसला राज्य सरकार को लेना है।
  2. बिल्डिंग निर्माण की योजना एमएमआरडीए द्वारा प्रमाणित की गई। ये भी माना जा रहा है कि बिल्डिंग की ऊंचाई (103.4 मीटर) की मंजूरी हाई राइज कमेटी ने दी थी। इस कमेटी के संचालक तमिलनाडु के पूर्व मुख्य न्यायाधीश थे।
  3. महाराष्ट्र, गोवा और गुजरात के आर्मी हेडक्वार्टर की ओर से आदर्श सोसाइटी को डिफेंस इस्टेट ऑफिसर द्वारा एनओसी दी गई, जिसमें स्पष्ट किया गया कि यह आर्मी के अधीन नहीं है। फिर भी, इसके लिए नेवी से इजाजत लेना जरूरी नहीं समझा गया।
  4. आदर्श सोसाइटी में कारगिल शहीदों के परिजनों को आवास आवंटित किया जाना था, लेकिन आवंटन से जुड़े नियमों की अनदेखी करते हुए दूसरे प्रभावशाली व्यक्तियों या उनके परिवारों को इसका आवंटन हुआ।
  5. सोसाइटी में एफएसआई से जुड़े नियमों का भी उल्लघंन किया गया।
  6. आदर्श सोसाइटी से जुड़े सदस्यों को नामित करते वक्त भी उपयुक्त व्यक्तियों की अनदेखी की गई, जो इसके वास्तविक हकदार थे।

Youths distress, a bulging threat to National Security & Integrity – ASESEUA

Voice of Sikkim; Gangtok: Oct 30, 2010
Youths Distress, a bulging threat
 to National Security & Integrity
Restless All Sikkim Employed Self Employed Unemployed Association’s ASESEU after their battle for justice for the local employment opportunity yielded nothing but a big question of suppression from their movement of eradicating ‘Job Extension Policy’ and greedy beneficiaries who are earning self reliance in all forms from post and power even after a retirement. The Association member today said to the media that the greedy opportunistic officials who are occupying the posts in various department heads are beheading the rights of local unemployed, they are stuck firmly and strongly with a some type of fevicol. After praying series of times to them on the issue, they did not react as such now if the prayers doesn’t work with Khadas & Mala then only option left is offering garland of ‘Stinking Dirty Shoes’ to their effigy, they said.
Mulling unto the vernacular defects of Gandhibadi policy which did not awaken greedy officials occupying top berth in government creamy chair, now the association has decided to take a stern step rather than simply being vocal all times. In the lists of association’s new movement against the extension policy beneficiaries the Secretary of UD&HD Sonam Topjar Bhutia will be the first victim said association. Speaking to the media ASESEUA General Secretary Sonam Pintso Bhutia told that the association has already lodged RTI for furnishing complete details of UD & HD Secretary. “What best fit qualities do they have inside them, we would like to know?,” said Bhutia. Trailing lists in similar fashion next victim the association has declared would be Sikkim Public Service Commission Joint Controller KB Joshep. According to the association publicity secretary Mohan Prdhan, Rai has continuously been attached to the chair seeking for extension after each 3-4 months. For the vested interest the greedy officials like him are attached to posts then how do these people think for other un-employed local youths then?, said Pradhan.
There are lots of such greedy officials who have extended their Job as top-up card even after retirement, all those officials deserves a garland of shoes who are making unemployed youths as a simply toy and nothing more, warns association Treasurer Ritesh Rai to media.
Talking to the media, the association president Nawin Kurmar Pradhan lambasted the authority for taking crucial issues like extension policy as simple, which in fact will be a bottle neck for the national integrity and security in coming days, he told. The rise of dissatisfaction within the youths has raged a trauma like situation day by day, the rapid suppression due to social factors could harness a unavoidable issue in days to come, he said.
Rising corruption, unemployment, opacity and partiality policies in the present system could become a source of agitation later which the Home Ministry should take a serious note of that. In this regards the association also told to media that letter will be sent to the Home Ministry highlighting the issues brewing in the hills of Sikkim. Sikkim being a most peaceful and a sensitive border state of nation, the ministry should understand the weightage of the troubles facing by the youths which is creating a pathetic unsecured state of environment.

Delhi CM office not getting report from DC

Press Trust Of India; New Delhi, October 31, 2010
The Delhi Chief Minister's office seems to be struggling to get information from the Divisional Commissioner on alleged financial irregularities at Chattarpur temple though the report is lying with latter for last eight months.
Information Commissioner Shailesh Gandhi, while hearing the plea of an RTI applicant, noted that the report was lying with the Divisional Commissioner's Office for the last eight months but despite requests from the Chief Minister's office, it had not been furnished.
K K Sandhir had filed a complaint at the office of Chief Minister Shiela Dikshit alleging "financial malfeasance" at Chattarpur temple, on June 24, 2009. The Chief Minister had asked the Divisional Commissioner to inquire into the matter and report back to her.
After the orders, the Divisional Commissioner had constituted a committee which submitted its report on February 9, 2010 at the office of DC. Sandhir then filed a Right to Information application at the office of the Chief Minister to get information about the probe.
"The Public Information Officer (PIO) states that efforts have been made with the Divisional Commissioner and ADM(South) to get the status position on this. However, the PIO states that they are unable to get these," he noted.
Directing the Divisional Commissioner's office to furnish the information, Gandhi said, "It appears that a report has been lying with the Divisional Commissioner since February 9, 2010 but the Chief Minister is unable to get the worthy comments of the Divisional Commissioner on this."

India Inc Won’t Like This

Moneylife Personal Finance Magazine; Bv Rao; October 30, 2010
The National Advisory Council (NAC), headed by Sonia Gandhi, may force the government’s hand to include resettlement & rehabilitation (R&R) in the new Land Acquisition Bill which, the prime minister has promised Rahul Gandhi, will be introduced in Parliament in November. NAC is also likely to recommend the principle of ‘land for land’ incorporated in the Bill to ensure that the ousted tribals and farmers get land in addition to the compensation for acquired land. But the most important point raised by NAC member and food security expert,
Dr Narendra C Saxena, is that the compensation to the landowner should be determined on the basis of ‘future value of land’. The price of land shoots up manifold once development takes place and, as such, the landowner should enjoy the fruits of the development instead of the current practice of paying the rates prevailing at the time of acquisition, Mr Saxena stressed in the note circulated for consideration of the NAC’s 24th September meeting. His note says land acquisition should go in tandem with rehabilitation of the displaced and the displacement should take place only after complete R&R. It says rehabilitation would be deemed to be completed only when the project-affected people are brought above the poverty line. It also calls for re-defining the ‘affected people’ to be compensated under the proposed law as those who were either ‘displaced’ from their home, land or agriculture field or had lost 50% or more of their assets or income. The note stressed that a minimum 10% of the project cost should be spent on rehabilitation and resettlement, excluding compensation. That’s not all. Mr Saxena has also recommended the Right to Information (RTI) to all project-affected people and people’s organisations about all aspects of the projects, including environment assessment and R&R plan. The information, he says, must be provided in the ‘language of the people’. Language that is sure to make corporate India squirm.

High voltage ideas

The Hindu; R. KRITHIKA; Sunday, Oct 31, 2010
“The name Gandhi has opened doors and closed potholes”... A freewheeling chat with Gopalkrishna Gandhi, former Governor of West Bengal.
It is a bit of a shock when a request for an interview meets with a “Why me? I am an uninterviewable person” response. All the more so since the person at the other end was Gopalkrishna Gandhi, former Governor of West Bengal. As IAS officer, he served as Secretary to President K.R. Narayanan and as High Commissioner to South Africa and Sri Lanka. And there is the matter of his family; he is the grandson of both Mahatma Gandhi and C.R. Rajagopalachari (Rajaji).
Gopalkrishna Gandhi.
He has also written extensively: one novel ( Saranam now republished as Refuge) and a play in verse “Dara Shukoh”; Gandhi and South Africa, Gandhi Is Gone: Who Will Guide Us Now?, and a translation of Vikram Seth's A Suitable Boy ( Koi Acchha Sa Ladka) among others. Being nervous about meeting him doesn't help either. But, as it turned out, the man in person is unassuming, self-effacing and thoughtful, exuding gentleness and warmth.
Major influence
He must be tired of being asked about his famous grandfathers but it doesn't show. “Their influence has been a major factor in my life. The impact of Gandhi has been more in the realm of thought since the voltage of ideas was very high. Of course there was no pressure – much less from within the family – to follow any rigid ‘Gandhian' code. CR (Rajaji) was almost more impactful, in my case. Of course he was around till 1972 and he took a close interest in all his grandchildren: their schooling, reading; even how and what they wrote.”
He recalls visiting a travelling exhibition of Gandhi photographs in his centenary year (1969). When the exhibition arrived in Chennai, he accompanied Rajaji. “I used his walking stick to draw his attention to one picture but used the ground end. He took it back and said ‘always use the hand end'. I think it said a lot about his attitude to humans, even to the figure in the picture.”
The name Gandhi has, he says, “opened doors and closed potholes. But it has also been a continuing test, which can be difficult.”
Strands of violence
Speak of Gandhi, and you can't help think of ahimsa. Yet India today is caught in the grip of violence across the country. How does he reconcile the two?
He speaks of a tragedy in three acts. “Injustice – in which violence is inherent – through the centuries has had spokespersons who did not believe in non-violence. Society, systems and the state have reacted to those spokespersons through counter violence. Gandhi tackled all three strands simultaneously. He was like a teacher in a science class: he spoke of theory and practicals. When he spoke of ahimsa, it meant nothing unless he could apply it to an existing situation. The trouble is to find sensitive listeners in all three sections. That is why I think the work of the interlocutors in Kashmir is of extraordinary importance. They do not represent any of these three sections.”
As a former administrator (a word he prefers to bureaucrat), how does he feel when the bureaucracy is collectively dubbed corrupt? He is silent for a while; then speaks carefully. “The phenomenon of corruption is larger than the morphology of bureaucracy. Corruption has permeated every facet of life but is particularly odious in the bureaucracy. But one can't tackle corruption in the bureaucracy without tackling it in politics or in the multifarious transactions of life. Sadly the system of internal checks has ceased to be effective.”
Silver lining
He offsets this gloomy picture with an “enormous silver lining”: the Right to Information Act. “As someone proud to call myself an administrator – as opposed to bureaucrat – I celebrate the appearance of the RTI Act. Remember, it was the brainchild of a former administrator, Aruna Roy; no politician thought of it.” And another positive note: “Also I think the number of plain speaking, straight dealing, honest administrators is, in my rough reckoning, larger than those who are otherwise.”
To move away from serious topics, I ask about his novel Saranam — now reissued by Penguin as Refuge — set in the tea plantations of Sri Lanka. He is hesitant to call it fiction; “There's not a shred of narrative, not a character, that did not happen,” he says emphatically. Ask if he's working on another novel and he rejects the idea almost instantly. “We live in times when reality is stranger than fiction.”
I remember an article he wrote a few years ago about Rajaji's song kurai onrum illai (I have no regrets) and ask if he has any regrets. He laughs gently, “A person without regrets would be impossibly smug. How can one live without regrets? Basically my regret is not having used my time better in terms of linking my thoughts with my life.”
As a parting note, he says rather plaintively, “I wish you would keep the family bit to the minimum. I don't want people to think all I do is talk about my grandfathers. After all I haven't been nor am a full-time grandson of Gandhi.”

Amenity space: notices to 12 builders

Express News Service; Sun Oct 31 2010,
Pune:The municipal corporation has issued notices to 12 builders who have not handed over amenity spaces to it, as per the 2008 civic policy that mandates any builder seeking to convert industrial land into residential to pay a premium and give 10 per cent land as amenity space free of cost to the civic body. Municipal commissioner Asheesh Sharma said, “Earlier, we had decided not to give completion certificate to such defaulting builders, but in future we won’t give them commencement certificate.” The PCMC action follows an RTI application filed by Shiv Sena corporator Seema Savle on September 18.
A PR team for YCMH?
With the flash strike resorted to by doctors at the civic-run Yeshwantrao Chavan Memorial Hospital drawing flak, municipal commissioner Asheesh Sharma is pondering whether the hospital needed a PR team to ensure better communication. Sharma, who held an emergency meeting at YCMH, said communication and coordination were lacking in the administration of the hospital. “The doctors needed to communicate effectively with patient’s relatives. I am seriously thinking of appointing a PR team.”
First vice-president dies at 73
PIMPRI-CHINCHWAD’s first municipal vice-president Sadashiv Shankar Dhavade died at his Kasarwadi residence around 6 pm on Friday. Dhavade, who was ailing for sometime, was 75 and is survived by three children. Popularly known as Dhavade master, he was also a PCMC councillor from 1978 to 1982. People from all walks of life attended the funeral, held on Saturday morning.
Tree census in town
Pimpri-Chinchwad, which is known for its green cover, will soon have its third tree census. The civic body has conducted two censuses so far at an interval of five years. The total tree count stood at 12.5 lakh in the first tree census, which rose by 4.5 lakh trees in the second. Officials said the census work would be outsourced to a private party as the PCMC did not have enough hands to carry out the work. Garden superintendent Suresh Salukhe said the civic body would spend Rs 60 lakh for the census.
Poll code row
The code of conduct for the state legislative council, which came into effect in the district on Monday, was at the centre of a controversy the very next day when the PCMC standing committee sanctioned development works worth Rs 3 crore. Additional municipal commissioner Prakash Kadam had informed the panel members soon after the meeting began that the code had come into effect, but the panel paid no heed to it. Standing committee chairman Prashant Shitole claimed there was no violation of the code as they had not received any written orders from the election office when the development works were sanctioned. He said the municipal commissioner need not implement the development works till the elections if the works were violating the poll code.

“Medha-led campaign exposed scam in 2008”

The Hindu; Meena Menon; Sunday, Oct 31, 2010
MUMBAI: The National Alliance of Peoples' Movements (NAPM) led by Medha Patkar exposed the Adarsh Housing Society scam in 2008 by filing complaints with the Defence Ministry and the Environment Department and the State government, say activists Simpreet Singh and Santosh Daundkar.
On the basis of the NAPM's complaint, the Defence authorities initiated action and the Department of Environment issued a show cause notice to the Society. The NAPM activists applied for information under the Right to Information (RTI) Act and filed a complaint on August 27, 2008 with the Department of Defence, the Maharashtra government, the Department of Environment, the BrihanMumbai Municipal Corporation and the Mumbai Metropolitan Region Development Authority (MMRDA).
Acting on the complaint, the Ministry of Defence initiated an inquiry and ordered an investigation. The Department of Environment, Maharashtra, had served a show cause notice to the Adarsh Society. The scandal was related to the allotment of land at Colaba that was under the possession of the Army. After the Kargil War, a few Army personnel demanded the land for building flats to “accommodate and reward the heroes of the Kargil operation and those who had laid down their lives for the protection of the motherland.”
They said the initial list of the Society members comprised 40 members and included only Defence personnel. Now there are 103 members of which only 37 belonged to the Army and only three had any connection with the Kargil War.
The bureaucrats whose children own flats in the Adarsh are: Jairaj Phatak, chairperson of the Rural Electrification Corporation; Ramanand Tiwari, former Secretary, Urban Development; D. K. Shankaran, former Chief Secretary; C.S. Sangitrao, IAS; S.C. Deshmukh, former Collector, Pune; P.V. Deshmukh, formerly with the Urban Development Department; and Uttam Khobragade, Secretary, Tribal Development.
Chavan's family
Chief Minister Ashok Chavan's family owned three flats. The former Union Environment Minister, Suresh Prabhu; Jitendra Avhad, NCP MLA; Kanhaiyalal Gidwani of the Congress and his two sons; Babasaheb Kupekar of the Congress were also among the flat owners, they said.
Seema Vyas, an IAS officer and wife of Pradeep Vyas, former Collector, Mumbai, and Idzes Kundan, Deputy Secretary and former Collector, Mumbai city, also own flats.
The NAPM says the following concessions were given to the Society as per the information it has obtained.
The reservation of the plot was modified from Transit Camp and a Parade Ground to Residential Zone. Besides this, a road of width 60 metres was reduced to 19 metres and the floor space index (FSI) of the adjoining bus depot was given to the Adarsh Society. The income ceiling of Rs. 12,500 a month was waived for Army personnel and politicians and construction started without obtaining environmental clearance. The NAPM says the occupation certificate, which now stood revoked, was given even before the building was fully ready.
The NAPM says that all these relaxations and concessions were given as it was mentioned every time that the building was for wives of war victims and for the Army personnel who served the country. But the fact remains that out of the total of 103 members only three are Kargil soldiers, and the land was taken in the name of the martyrs or their wives and used for the benefit of bureaucrats and politicians.

Officials of home dept in trouble for delaying info

TNN, Oct 31, 2010,
Mumbai: Chief Information Commissioner (CIC) for Maharashtra Suresh Joshi has directed the home department to initiate a departmental inquiry and take action against officials for a 23-day delay in replying to an activist, who had sought information related to the Pune gang rape case.
The order came recently after S K Nangia, an RTI activist from Charkop, asked the home department to furnish details regarding the setting aside of an externment order against Subhash Bhosale, the main accused in the gang rape case. Nangia had asked for documents such as the externment order, the appeal filed by Bhosale, departmental observations and the order issued by the home department , to be made available to him.
However, the activist was not given these documents even 30 days after he filed the query. Nangia then filed an appeal with the appellate authority in the home department . "After the appeal, the appellate authority wrote back saying that the relevant information is being sought from another department and will be made available to me as soon as the department gets it," said Nangia. "I was also asked to pay Rs 50 for the information , which is against the law. According to the law, information made available after the stipulated 30-day period should be free."
Joshi, in his order, has now asked the joint secretary (home) to provide all the details to the activist immediately . He has also asked the joint secretary to explain why it took 23 days for the application to reach the Public Information Officer from the receipt branch at Mantralaya.
"We hope that the babus won't sit on RTI queries," said Nangia.

Orissa RTI website bags best India eGov Award

Orissadiary.com;
Bhubaneswar: The RTI website of the State has been awarded as the best user-friendly website in the Country. A high profile event for choosing best website in the country conducted by India eGov 2.0 in New Delhi on October 28 choose States RTI Central Mechanism (RTI CMM) as the best user-friendly website and conferred India eGov 2.0 Awards-2010.
The States RTI website is now connecting as many as 1800 offices and providing information to the people tirelessly.
Speaking to the mediapersons here, Information and Public Relation Minister Prafulla Samal informed that the State’s RTI CMM was selected by a grand jury consisting of eminent persons and headed by senior Director of IT of Ministry of Communication and IT Ashis Sanyal as the best from among 128 websites used by Government and public sector orgnisations.
The Nodal Officer of RTI and Secretary of Department SN Tripathy said the State RTI Portal www.rtiorissa.gov.in presently serves the need of over 1800 offices. The website access the system ensuring compliance of the RTI Act, 2005. It also has public feedback as well as interactive mechanism to enable citizen to post online RTI applications and appeals to any public authority.
The award was received by Dirctor, I and PR, BP Mohanty at the event ceremony held in New Delhi.

More trouble on cards for Chavan

Bharati Dubey &, TNN, Oct 31, 2010,
MUMBAI: An RTI response dated October 2009 may spell more trouble for beleaguered Ashok Chavan, who resigned from the post of chief minister on Saturday following the Adarsh housing society scam. According to information, Chavan, as industries and mining minister in 2008, facilitated the lease of 442 acres reserved as forest land to the sons of two ministers and a political party worker for mining.
Documents with this paper reveal that Atul, son of MPCC president Manikrao Thakare, was given over 262 acres while Pravin, son of Yavatmal MLA Vamanrao Kasawar, was given 105 acres. Another 70 acres were cleared for Latif Udeem Khanla, a party worker. The green stretch of government land in Dongargaon in Wani tehsil, worth approximately Rs 88 crore, is still reserved as forest land, but shockingly, the mining application moved to the ministry of environment & forests (which has yet to be cleared) claims the land is barren and not reserved. Said Vilas Wankhede, the RTI applicant, "The Yavatmal mining officer forwarded this report claiming the land was barren to the industries department in April 2008. The government took over this piece of land in 1954 when the Land Ceiling Act came into being. In fact, those records show that this land is reserved as forest land.'' Despite this, tenders were invited by the mining department in 2008, and 55 companies, including Ambuja Cement, Murali Industries and M/S Uttam Galwa, applied for the mining rights. However, in his letter (a copy of which is with the TOI), Chavan saw fit to lease the land to Thakare, Kasawar and Khanla, saying that though the big companies were "eligible in all respects, (they) have either already been granted mineral concessions in the state or they are competent to procure minerals from other sources. Therefore, the new emerging entrepreneurs need to be given a chance to prove their metal (mettle) and to expand the field of mineral-based industry in the state''.
In his conclusion, Chavan said, "I am satisfied that M/S Taj Lime Industries, Rajpur, Atul Manikrao Thakare and Pravin Kasawar from Yavatmal are fit applicants to be recommended for grant of prospecting licence of limestone and dolomite ore mining in the said area.'' When TOI contacted Manikrao Thakare, he confirmed that Chavan had indeed cleared the proposal to lease the land to his son. "We agreed to pay royalty to the government from the limestone and dolomite that we would mine. We are waiting for the Centre's approval,'' he added. Chavan did not reply to TOI's messages.

Saturday, October 30, 2010

PCMC feels heat over Rs 22-lakh sweater deal row

Express News Service: Sat Oct 30 2010:
Pune : Audit report slams education board for ‘wasteful’ expenditure and giving students sweaters, twice in March and July
The Accountant-General’s (A-G) office has passed strictures against the Pimpri-Chinchwad Municipal Corporation’s education board, calling its move to purchase sweaters for primary school students worth Rs 22 lakh as “unnecessary and an avoidable expenditure”. The A-G’s office has also taken strong objection to the fact that the sweater distribution began at the fag end of the academic year in March rather than during winter for which they were purchased.
The strictures — passed by the Office of senior deputy Accountant-General office, Local Bodies (Audit and Accounts), in Mumbai — have come to light after a reply to an RTI query filed by city-based activists Vihar Durve and Shriram Pandey.
With a view to provide sweaters to slum children and poor kids, the PCMC education board executed an agreement with Pravin Traders, Ludhiana to purchase 57,638 sweaters for 2007-2008 academic year for Rs 88 lakh, the audit report said. “The agreement was executed on November 30, 2007. The supply was to be made within 45 days. An advance payment of over Rs 65 lakh was made by the board on March 29, 2008,” the report said. “A scrutiny of the challan revealed that these sweaters were distributed at the fag end of academic year i.e. from March 28, 2008. The distribution went on till July, 2008” the report added.
Durve said the audit report points out that the decision of the board to purchase the sweaters for first-standard students was not justified, as these students had received the sweaters only in March 2008 when they were in (balwadi) nursery. “The expenditure of about Rs 22 lakh incurred for purchasing sweaters in 2008-9 for first-standard students was wasteful and amounts to double the benefit since they had received the sweaters in 2007-8 when they were in balwadi,” the audit report said.
When contacted, Municipal Commissioner Asheesh Sharma said his administration would probe the matter and find out what exactly went wrong. “Actually, this issue was apparently discussed with the board members and necessary instructions had been given to the board to ensure that there was no delay whatsoever in purchases made for primary school students,” Sharma said. Education officer Hari Bharati, who has recently been transferred, said the purchases were made before he took charge. “I can’t comment on those purchases. But, yes, during my tenure we ensured that everything was done on time,” Bharti said.
PCMC Primary School principal J M Marale said, “This is an age-old problem and systemic failure. It is time an independent monitoring authority is appointed to keep the education board on its toes.”

Activists join hands to form state Right to Information Council

Hindustan Times; Mumbai; October 30, 2010
Right to information activists in the state are fighting hard to invest people with more power, but sometimes they pay the price of their daredevilry with their lives.
In order to add more muscle to their movement, activists from across the state have come together to form the Maharashtra Right to Information Council. The move aims to put an end to the complaints from activists about authorities subverting the Right to Information (RTI) Act, 2005, as well as reduce the spate of attacks on activists.
RTI activist Bhaskar Prabhu, convener of the council, said: "The main aim of the council is to keep a check on the proper implementation of the act, especially by public authorities."
This comes close on the heels of a protest conducted by city activists against the appointment of the state chief information commissioner and other information commissioners. Alleging a non-transparent selection procedure, activists had demanded that the process be changed to have more accountability and public participation in the process.
Another issue on the council’s agenda is the increasing number of attacks on RTI activists.
The Hindustan Times had reported that Maharashtra had the highest number of attacks on activists. "The council will try devising a mechanism of offering protection and safeguarding activists," said Prabhu. "We will also have a coordinator and committees in every district to ensure that such objectives are met." The council has appointed 13 co-coordinators in Mumbai and a few in Pune, Nashik, and Satara
Prabhu said the council would also focus on conducting social audits of welfare schemes, especially those meant for families below poverty line. This would include the public distribution system and the National Rural Employment Guarantee Act.

Cases against police officers out of RTI ambit

Gangadhar S Patil; Express News Service: 30 Oct 2010
CHENNAI: Information pertaining to allegations and enquiry against any State police officer will not be provided even under the Right to Information (RTI) Act, according to a Government Order (GO) issued early this month.
The State Government in its October 1 order, a copy of which is available with Express, has exempted 'Secret and Confidential Section' of the office of Director General of Police from the ambit of the RTI Act. But, the GO had not cited any details of the records coming under 'Secret and Confidential Section'.
Talking to Express, a senior police official said the records pertaining to enquiry and allegations against any police official are secret and confidential records, and such information will not be furnished under RTI.
Asked what prompted the government to issue such an order, he said he was not aware of any particular reason. The GO was issued following a report filed by the DGP's office requesting exemption under RTI.
The issue holds significance in the light of an RTI plea filed 40 days before the issue of the order, seeking details of cases pending against IPS officers of Tamil Nadu cadre. The plea was filed with the DGP office on August 16.
As per Section 24 of the RTI Act, the State Government can exempt establishment dealing with intelligence and security from time to time by issuing a notification.

RTI logo, web portal launched

TNN, Oct 28, 2010,
NEW DELHI: The government plans to establish watchdogs or ombudsman within ministries to ensure that updated information is uploaded, which, in turn, will cut down on the number of Right to Information (RTI) queries.
"We have conducted surveys on government websites and we are considering setting up ombudsman within ministries to ensure current information is uploaded. We will also look at how citizens can complain by registering on a website or calling a call centre," Prithviraj Chavan, minister of state for personnel, public grievances and pensions, said.
He was speaking at the launch of an RTI logo, and dedicated web portal www.rtigateway.org.in. The website will act as a knowledge bank for all RTI holders including information seekers, trainers, information commissioners and civil society citizens.
It will also carry latest judgments of High Courts and information commissions, reports, articles, guides, manuals, handbooks for various stakeholders and online certificate course.
The ministry hopes that the logo will become a symbol for information seekers and will be displayed at all public authorities and will also be used in various communications related to RTI.
Elaborating on the need for a symbol, Chavan said, "A study on implementation of RTI found that awareness was very low particularly in rural areas. We realised that awareness has to increase and that RTI needed a symbol for people who are not literate." Chavan said the logo represents the core values of the RTI regime -- empowerment, transparency and accountability.

RTI activist exposes land scam involving IPS officers in Mumbai

India Today; Mumbai, October 29, 2010
Days after the Adarsh Nagar Cooperative Housing Society scam was exposed, yet another land scandal in Mumbai has now put Maharashtra's high and mighty in the dock.
The land allotted to Maharashtra cadre IPS officers in the posh Juhu area has been put to commercial use causing heavy loss of revenue to the exchequer. The matter was exposed following a Right to Information Act (RTI) application seeking details of IPS officers availing government quarters.
When this prime land was allotted to senior IPS officers in 2003, it was under an agreement that it would not be sold again. It was meant strictly for service apartments and not for commercial purposes. The third condition was that these officers would not seek a government quarter as long as they were posted in Mumbai.
But several high-profile police officers of the state threw all norms to the winds in leasing their houses for lakhs of rupees. When the issue reached courts, rulebooks were changed overnight to suit the influential IPS officers' lobby.
Under a new law in 2008, Mumbai was divided into two parts -- city and suburbs -- to ensure these officers do not have to give up their official quarters in the city.
The whistleblower in this case -- RTI activist Anand Joshi -- said, "Despite the 2,500 square feet flats being allowed to the IPS officers, 32 of them continue to live in government quarters. I have a detailed list that shows for how long they have been residing in these quarters."
Earlier this week, a scam involving allotment of army land in Colaba for Adarsh Nagar Society was exposed. The property, meant for Kargil war heroes and widows, was grabbed by army and navy top brass along with several senior IAS officers and politicians as well as their relatives at rates much cheaper than the prevailing market price.

RTI law being grossly misused, says former CJI Balakrishnan

Indo-Asian News Service; New Delhi, October 29, 2010
Former chief justice of India KG Balakrishnan on Friday said the Right To Information (RTI) Act "was grossly misused" and needed amending to prevent the misuse.
"It is time for introspection on the five-year-old RTI Act. It is grossly misused. Most of the applicants are applying the RTI not for public good, but for misuse," Balakrishnan said at a seminar on "RTI-Key to good governance", organised by the Institute of Secretariat Training and Management.
Balakrishnan, currently the chairman of the National Human Rights Commission (NHRC), said the RTI needed some amendments to prevent the misuse.
"It is not that we need to abolish or discard the RTI Act. But some changes have to be made to prevent the misuse," he added.
The RTI law should help to ensure equitable and inclusive growth, he said, noting mere economic growth is not an achievement.
"Development should improve the well-being of the people, especially at the bottom line," he said, recalling how RTI activists in Rajasthan could expose those siphoning off public funds in the name of old age pension and widows pension.
Speaking at the event, Chief Information Commissioner A.N. Tiwari said RTI should be saved from "an upsurge of emotions".
Admitting that RTI had some weakness as it was the "outgrowth of judicial intervention and has a legalistic framework," he said the RTI Act was facing divergent challenges.
"On the one hand, the aspiration of people to access information was on the upswing while on the other hand, officials need confidentiality to run the system," he said.
Tiwari said there were different categories of people frequenting the RTI system.
"The first category is those who want to pull down the high and mighty and want to know whether wealth was amassed by the authorities or corruption was practised. The second set is those who want to know how the government used its discretion in policy matters," he said.
The third category, or "bread and butter" group, want to know about the fate of their provident fund accounts and pension papers, he said.
According to Tiwari, the fourth group, mostly officials facing vigilance probes or disciplinary actions, were misusing the RTI system most to find out the moves against them.
"These articulate, English-speaking, powerful group of bureaucrats are the biggest challenge to the RTI system," he said.

Friday, October 29, 2010

Over 40,000 acres of village land under encroachment

Jasneet Bindra: Fri Oct 29 2010,
Punjab rural development and panchayat director told to probe illegal sale of land, pond by former sarpanch
Over 40,000 acres of panchayat land is under illegal occupation, and the figure is increasing every year in almost all districts. The admission was made by the office of the director of rural development and panchayats department in reply to an application filed by a Hoshiarpur villager under the Right to Information Act.
Hoshiarpur topped the list with over 9,343 acres under encroachment, followed by Patiala, with 8,083 acres illegally occupied, and Mohali, where the figure stood at 7,565 acres. The minimum encroachment (4 acres) was reported in Faridkot.
The report on illegal occupation till August last year was submitted in the Punjab State Information Commission, after Apar Singh Ghuman, a resident of Khera Kotli village in Hoshiarpur, filed a complaint against the rural development and panchayats office for denying him complete information. The government department admitted that the encroachment figure had increased in most districts in the last over three years, with little improvement in Bathinda, Patiala, Fatehgarh Sahib, Barnala and Mansa.
Ghuman, who reportedly also sought data from district offices, was not satisfied with the information provided to him, and listed certain anomalies before State Information Commissioner Surinder Singh. He said there was a difference in the figures supplied by the district development officers of Gurdaspur and Muktsar districts. He also made similar written observations about Gurdaspur, Ferozepur, Mohali and Kapurthala, a copy of which was handed over to the respondent, too.
When questioned by the commissioner, over telephone, Deputy Director, Land Development, J P Singla said he was in the High Court in connection with some other case and would submit his written reply on the next date of hearing.
In another such case, the SIC ordered a probe into encroachment and unauthorised sale of panchayat land. The case was filed by Avtar Singh, a resident of Siau village in Mohali, who had sought copies of the resolutions passed by the panchayat during the tenure of former sarpanch Karam Singh regarding a particular land plan. On not getting information, he filed a complaint with the commission in September this year.
He alleged that Karam Singh had encroached upon the land, and sold it — along with the village pond — to his brother. The SIC directed Kharar Block Development and Panchayat Officer (BDPO) Balwinder Singh to attend the next hearing along with the original records and asked the director of rural development and panchayats department to get an inquiry conducted and submit his report within two months.

Ready for the fight

Business Line; Anjali Singh; Friday, Oct 29, 2010
Rasoolpur's women take charge of village development, ably tackling corruption along the way..
Education, they say, is a tool for freedom of thought and action. If you want proof of this, come to Rasoolpur, a small village nestled in Uttar Pradesh's Baraich district, and visit its Poorva Madhyamik Vidyalaya. Eight years ago, this school was the site of a powerful anti-corruption campaign. But what is particularly surprising is that the campaign was anchored by local women. The campaign continues. Ramawati, 35, heads Ma Gawat, a self-help group (SHG) with 12 women members and plays a dual role as ASHA Bahu or the local maternity health worker. “We have five SHGs running in Rasoolpur and they are all managed by women,” she says.
The school at the centre of
the women's activism. - WFS
It all began when the new school building constructed in 2003 for local children started leaking just a few days after construction. It finally collapsed during the monsoons that year — fortunately, there were no children in the classrooms when the roof fell or it would have been a huge tragedy. “That's when we women decided to take matters in our own hands and seek justice for the village. The headmaster and the village pradhan refused to listen to the men and threatened them. But they could not stand against us,” she laughs.
Another local woman leader, Rajkumari, who formed the Mari Mata Swayam Shayata Samuh (an SHG named after the local goddess, Mari Mata, with 10 members), says, “It's our right to get access to education for our children and we are ready to face any obstacle that comes in our way. When we investigated the collapse of the roof, we found that the material used for it was adulterated. The iron girders were not thick enough. Clearly, the money sent by the district administration to build the school was embezzled.”
When the local women confronted the person responsible, he threatened them too, but they were not intimidated and decided to start a campaign to expose him and get the school building reconstructed.
This was the beginning of a focused campaign to highlight the issue in the media and take the matter up to the State government authorities in Lucknow. It caused quite a stir. Predictably, an inquiry was ordered by the technical division of the Basic Education Department of the State. The District Magistrate came down for inspection, took stock of the situation, and finally okayed the reconstruction of the building. There was disciplinary action against the headmaster, who was transferred.
The move was celebrated throughout the village. Sushila Devi, a mother of five and member of a local SHG, says, “We used to guard the school building day and night, throwing chappals and jhadus (brooms) to keep the headmaster's goons from tampering with evidence, which had to be kept intact until the officials had completed their inspections.”
Finally, the verdict came in favour of the women and the building was reconstructed. Sushila says, “Now our children come here to study while we women hold our group meetings here. Today, all my daughters go to school. Had we not fought for our rights, our children may have never got an education.”
That episode was, however, not the end of this saga. Rasoolpur's women SHGs decided to take up other issues like child marriage and infant mortality, using the school as their platform. Today, almost eight years later, the campaign against corruption continues to be a part of their agenda. Says Ramawati, “Getting the school reconstructed was a victory no doubt, but our village had many other problems too. For instance, women here did not go for institutional childbirth. To add to that, there were no income generation schemes for women who were facing financial difficulties. So when we sat down for a meeting with a Samuh member, named Suresh Mishra, he suggested that we begin by first investing in saving schemes for the local women.” Mishra, a social worker, has formed a group to facilitate meetings of local women on a regular basis in the village.
Women's groups meet
 to discuss welfare issues
Initially, the women hesitated to participate as they had little money to spare. That was when Ramawati came forward and volunteered to make an initial contribution of Rs 20. A few months later, many more women were able to save Rs 20. A group fund was set up from these savings and the money was used to buy provisions and run a grocery shop (there is one shop in the village which was set up by an SHG member with a loan from the joint fund the women were running). Rations were bought at cheaper rates than those offered by the government-run ration depots managed by the village pradhan.
Jitendra Chaturvedi of DEHAT, an organisation which is active in the area, vouches for the effectiveness of campaigns launched by Rasoolpur's feisty women. “Earlier I had seen 12 or 14-year-old girls getting married. Today, the marriageable age has risen to at least 18. In fact, even after their marriage, the bride is not generally sent to her husband's home for another three to four years. It is only when her education is complete and she is ready to take on the responsibilities of family life, is her gauna (consummation of marriage) organised,” he says.
Chaturvedi points to another positive outcome: After eight years of awareness campaigns, more women are now seeking institutional deliveries, something that was unheard of a few years ago.
But this is still not the end of the story. Through their SHG activities, the women have managed to free their once-mortgaged land, improve the literacy rate in the village by joining adult education programmes — like the government-run Tara Akshar — and are now seeking leadership training.
The latest anti-corruption drive exposes a huge scam in the Public Distribution System (PDS). According to the 50-year-old Rajkumari, the PDS run under the supervision of the pradhan has been mismanaged, leading to a scam amounting to Rs 22 lakh.
“Through the Right to Information (RTI) Act, we have forced the pradhan to return the ration cards made in our names, which he had retained. On inspecting them we realised that rations were supplied illegally through the PDS store using our cards,” she says.
The women also unearthed a racket where job cards in the names of non-existent people were being issued, resulting in Rs 10,000 being withdrawn every month from the funds earmarked for the rural employment guarantee scheme.
Rajkumari regards such corruption as a challenge. She says, “We will not give up until we stop it. Jai Adhikar! (Victory to our rights)”

Govt staff bound to give information: Quader

The Daily Star; Bangladesh; Friday, October 29, 2010
The government staff still obsessed with secrecy are challenging the prime minister's decision to ensure people's right to information, said Obaidul Quader, chairman of the parliamentary standing committee on the information ministry.
“It is correct that we cannot open everything to people at the very beginning, particularly those who are involved in the state security. But excepting that no way for anyone to deny giving information. If anyone does so, he dares to challenge the prime minister who had decided to formulate the law (RTI Act),” said Obaidul Quader, also an Awami League lawmaker.
Article 19 Bangladesh in association with the Information Commission organised the programme at LGED Bhaban auditorium in the city yesterday evening.
“Getting rid of obsession with secrecy you must tell truth when it is truth. Don't try to hide the sky with your palm. Truth cannot be concealed. Truth prevails at the end,” said Obaidul Quader at a training program on disclosing information arranged for designated government officers.
“Many of the government officers and employees still don't know about the right to information. We must launch a massive publicity programme to aware people that right to information is the strongest weapon against corruption,” he added.
Explaining the people's right to information and with reference to those government officials who deny disclosing information, Obaidul Quader said, “None of you can talk in this way. You are bound to give information and you don't have the right to deny.”
Citing example of the international website Wekilics, the website disclosing documents of USA war on Iraq and Afghanistan, he said, “In the current world you cannot hide information and even Pentagon failed to keep it hidden.”
He also mentioned that even information of secret meeting like ones in the ministry or cabinet cannot be kept concealed and it always gets leaked.
“Why you are to obsessed with secrecy? We have formulated the law to go ahead,” Obaidul Quader suggested the government staffs.
Referring to the recent Corruption Perceptions Index of 2010 released by Transparency International, he said, “Corruption has become a way of our life and there is no way to deny that our country is infested with corruption.”
He stressed the need for developing office atmosphere of information commission at the district levels and ensuring security to information seekers and information activists.
Referring to the case in which Bangladesh Environmental Lawyers Association (Bela) complained of not getting information even in five months, Quader said, “If people's confidence is destroyed at the beginning, it is very tough to regain the confidence.”
The program was also attended by Chief Information Commissioner Muhammad Zamir, Prof Abul Barakat, Information Commissioner Prof Sadeka Halim, Information Commission Secretary Nepal Chandra Sarker and Article 19 Bangladesh Country Director Tahmina Rahman.
A total of 100 designated officers of the government participated in the programme.

NationwideI -T raids on CWG suspects - Sleuths swoop down on 60 premises of Games’ contractors

Tribune News Service & PTI; New Delhi, Friday, October 29, 2010
As part of its probe into alleged financial irregularities in the conduct of the Commonwealth Games, the Income Tax department sleuths today swooped down on close to 60 premises across the country — mainly of the contractors involved in the sporting extravaganza.
Official sources said over 300 officials were part of the nationwide raids, conducted in the National Capital Region, Bangalore, Mumbai, Kolkata and Jharkhand. As the multi-agency investigations into alleged bungling continued, the Central Vigilance Commission was probing a complaint related to alleged amassing of Rs 200 crore by a top CWG official, said to be a close associate of Organising Committee Chairman Suresh Kalmadi.
In reply to an RTI query filed by PTI, the CVC, which is looking into 22 complaints of irregularities in different projects, said that it is probing the complaint against VK Gautam, former Chief Operating Officers. Gautam was not available for comment.
Official sources said the simultaneous raids in various cities, which began early morning, were centred on four main contractors roped in by the CWG OC for landscaping and beautification works of the Games venues among other works. Sources said the I-T probe will specifically look into the contracts awarded by the OC and the role of its officials and contractors, besides charges of bribing. A team of I-T officials landed at Delhi-based firm ENZ Shiv Naresh, which had supplied synthetic track, and Satyaprakash & Brothers, responsible for some landscaping even as officials of these firms feigned ignorance about the development.
“We are trying to gather as much evidence as possible. It would be immature to say now if we have got hold of any definite clue of corruption,” an official who was part of one of the raiding parties said.
A senior functionary at Shiv Naresh said the raiding officials told them that it was a routine search. “They said it is part of nationwide searches and they were friendly. We are also cooperating with them,” he said.
The department had carried out similar raids on October 19 on different contractors, including a firm belonging to a relative of BJP leader Sudhanshu Mittal. Mittal’s premises were also searched and he had termed it a diversionary tactic even as his party distanced itself from him.
I-T officials said their main job was to see if these firms had evaded taxes or inflated invoices to cheat the public exchequer. The seized documents related with the works carried out by them for the CWG, their financial statements and their communications with the Games’ organisers. Various investigating agencies are already probing corruption charges levelled against the CWG organisers. However, apart from the ED no other agency has registered any case after the Games, indicating that their probes were still in an early stage.
The ED has questioned a few officials of the OC of the CWG but no arrests were made. The CBI had registered an FIR before the Games had even begun on the directions of the CVC. The case related to a landscaping work done by the Delhi Municipal Corporation in which the CVC had suspected corruption when the contractor was found to have jacked up prices after he was awarded the work.

Growing graft-'Fighting corruption should become a priority.'

Deccan Herald; Friday 29 October 2010
The perception of India as a corrupt country has worsened over the past year. The latest ranking by Transparency International (TI) has put India at the 87th rung out of 178 countries, down from the 84th slot last year. India’s ranking has fallen consistently since 2006 when it was ranked 70 among 163 countries. While it is possible to argue that India’s ranking on the corruption index has slipped because new countries have been included in the index or others excluded, India has been performing badly on the integrity score as well.
Its integrity score has dipped from 3.5 in 2007 to 3.4 in 2008 and 2009 to 3.3 this year, a score of 0 being the most corrupt. Officials might claim that following the glittering success of the Commonwealth Games, India’s image has been enhanced in the eyes of the world, that the negative media reporting in the run-up to the games was negated by the efficient conduct of the event.
But the TI report indicates that this is not so. India’s corrupt image was enhanced with the widespread graft accompanying the games. The TI report is a reminder that the glitter and glamour of events like the CWG do not by themselves erase negative perceptions of the country. India must tackle the cancer of corruption; mere face-lifts will not improve its image. It is not just to improve how we look in the eyes of the world that fighting corruption should become a priority. Widespread graft is standing in the way of the successful implementation of socio-economic programmes and in our tackling of poverty and hunger.
Although the Right to Information legislation has empowered citizens to demand transparency from public officials, the fight against corruption has not been easy. RTI activists have been threatened, attacked and even killed by vested interests. Around a dozen people, who were exposing corruption, have been found dead in mysterious circumstances this year. While the government has introduced draft legislation that provides for punishment to those who disclose whistleblowers’ identities, RTI activists are saying that the government is focusing on keeping the name of the whistleblower secret, rather than acting swiftly on the complaint.
In most cases of corruption, it is the small fry that face the music. The powerful go scot-free. Comprehensive legislation, and swift and stern action against the corrupt, whatever their rank or status, will rid India of the corrupt tag. Cosmetic measures will not do.

Kerala doesn't care about AIDS anymore

Anil S; Friday, October 29, 2010:
KOCHI: At a time when the Centre and most state governments take all possible measures to control the increasing number of commercial sex workers and make health tests mandatory for them Kerala is groping in the dark.
Unlike the AIDS control societies in other states, the Kerala State AIDS Control Society (KSACS) has not been carrying out registration of male/female sex workers. Similarly the state government has not been taking any action to make health certificate for sexually transmitted diseases mandatory for sex workers.
The information, revealed by KSACS under RTI Act, should send shock waves on the possibility of HIV epidemic due to unprotected sex.
In an RTI reply, the society revealed that it's not carrying out any registration of sex workers, neither does it provide any health certificate to them. HIV testing is being done at the Integrated Counselling and Testing Centres (ICTC) in government hospitals and medical colleges.
"However no categorisation of the infected persons, such as number of sex workers etc is not done," said the reply. Interesting AIDS control societies in most of the states have taken measures to register sex workers in the respective states.
Recently the Ministry of Health and Family Welfare had revealed that the southern states have the largest number of registered sex workers with Andhra Pradesh topping the list followed by Karnataka.
Delhi tops the list among the metros in the number of registered sex workers.
Currently a number of institutions are functioning in the national level to rehabilitate female sex workers. According to KSACS, there's a scheme called 'Ujjawala' under the department of social welfare state government to rehabilitate sexually harassed aged women.
There are four centres Chola P R Home Kannur, Swaruma P R Home Ernakulam, Swanthanam P R Home Kochi and Sangamithra P R Home Thrissur functioning under the scheme.
The officials of the KSACS said the registration of the sex workers is being done through various NGOs operating under the society. "The registration or health tests and treatment of them are not being done by the society.
The responsibility has been given to various NGOs like Suraksha through different projects. It's being done as per the instructions of the National AIDS Control Organisation (NACO)," said Dr T V Velayudhan, additional project director, KSACS.

Objection to comunidade staff deputed for poll duty

TIMES NEWS NETWORK, TNN, Oct 29, 2010
MARGAO: Stakeholders of village comunidades have not taken kindly to the deputation of employees of the office of administrator of comunidades for election duty and have demanded an explanation from the authorities in this regard.
Aquem comunidade attorney Celestino Noronha has written to the south zone administrator of the comunidades pointing out that the practice is contrary to the provisions of the Representation of People's Act 1951.
"Requisition of the employees (of the office of the administrator of comunidades, south zone) by electoral authorities over the years is totally arbitrary and illegal and contrary to the provisions of law. What is even more shocking is that your office, knowing fully well that it has been funded entirely by the comunidades of south Goa over the past several decades, has chosen to remain a mute spectator and a willing handmaid. Its employees have been conveniently released for electoral work while their salaries have been paid by the comunidades," Noronha wrote.
He has pointed out that the deputation of comunidade employees results in disruption of their functioning. Pointing out to the information obtained by him under RTI, Noronha said, "A large number of escrivaos (clerk) of village comunidades were requisitioned with no alternative arrangements being made; consequently the said comunidades faced considerable hardship and had to virtually shut down during the deputation period."
Charging the office of the administrator of comunidades with "miserably failing in its bounden duty to object to the arbitrary and invalid actions of the electoral authorities", Noronha has demanded that appropriate claims be filed with the concerned authorities for "recovery of the salaries of comunidade staff during the period of their deployment for election and election-related work in the past".

‘Judiciary should come out of cocoon of secrecy’

Jasneet Bindra: Fri Oct 29 2010:
Chandigarh : Outgoing Haryana CIC says people want judiciary to open up
“Judiciary should come out of the cocoon of secrecy and understand that it is not out of the RTI Act,” said Haryana Chief Information Commissioner G Madhavan, who retired on Thursday. “People have tasted the RTI Act, and now they want more. Citizens expect the judiciary to open up,” he said. He gave reference to a judgment of Justice K Kannan of the Punjab and Haryana High Court regarding the Act. The judge had once said the line that was being drawn between what should be in public domain and what sealed in the iron chest of any establishment was getting dimmer by the day. “More than any other public institution, it should be the judiciary which should set an example to herald the era of transparency,” Justice Kannan had said, adding that any attempt to conceal information would only go to erode the majesty of the judiciary in public perception. Madhavan, who completed five years in office, had joined as the CIC when the RTI Act came into force in 2005. In five years, he has decided 2,575 cases — 174 of them in a double bench with either Meenaxi Anand Chaudhary or Lt Gen J B S Yadav. He has imposed Rs 1.13 lakh worth of penalty in 22 cases and awarded compensation worth Rs 11 lakh in 277 cases. However, the job was tough and challenging. “It was a new Act, and there was no precedent to follow. So one day, I sat down with the then Punjab CIC Rajan Kashyap and chalked out some procedures and norms. We decided to keep the proceedings judicial, but not unfriendly, and also drafted a proforma. I did not have an office and started work from a room in the Secretariat. The Act came into force in October 2005, but the budget for the building came only in March 2006. By July 2006, we were able to set up this building,” he said. When asked if the less number of complaints in the Haryana commission as compared to Punjab indicated a lower level of awareness in the state, he said: “We divide the cases into complaints and appeals, and also guide the information-seekers to go to the first appellate authority if they have skipped the step. This reduces the number of cases.”
He said a new interactive software and SMS services to inform applicants about the status of their cases would be launched soon. The service has been developed by the Centre for Good Governance, Hyderabad. Every appeal or complaint that comes to the commission will be given a number so that the applicant can track its status.
New office in Panchkula
Land has been earmarked in Sector 14, Panchkula, for the office of the Haryana State Information Commission. Madhavan said the Centre would provide Rs 7.5 crore and the state would give a matching grant, adding that the building would be ready within two years.

RTO okays 140 vehicles in a day

Prasad Kulkarni , TNN, Oct 28, 2010
PUNE: The Regional Transport Office of Pune is on a high efficiency mode. In response to a Right to Information (RTI) application, the transport body has said that it has, on at least one occasion, issued fitness certificates to at least 140 vehicles on a day during an eight-hour shift. However, Shrikant Karve, an employee with a transport firm who sought the information, said that practically it is an impossible task. "There are more than 10 types of tests that need to be carried out before passing a vehicle. It is simply beyond understanding that how so many vehicles pass the test in such a limited time," said Karve.
Fitness certificates are mandatory for heavy vehicles, including public transport buses, and auto rickshaws. Every vehicle in these categories needs to obtain such a certificate each year after two years of purchase. Fitness parameters include checking of the braking system, leakages, adherence to pollution norms, steering system, etc.
The RTO's response shows that as many as 104 rickshaws were given the certificates in a single day on July 12 this year. On the same day, 14 buses and 26 trucks were also shown a green signal. "If one has to carry out all the tests properly it will take at least 15 minutes for each vehicle to be okayed. Which means 35 hours to test 140 vehicles! But officials at the RTO carry out these tests in a matter of eight hours. It is next to impossible," Karve said, claming that many of the vehicles get passed without tests.
Karve alleged that agents working in the RTO fool the customers in the name of providing fitness certificates. Such a practice has only added to the illegal activities at the RTO. Karve has registered a complaint with the state secretary for transport.
Regional Transport Officer (RTO) Chandrakant Kharatmal refuted Karve's observations. "All tests prescribed in the law are carried out. Besides, no illegal practices take place in the RTO. If a case is brought to our notice, we will take appropriate action against the guilty," he said.
On Karve's RTI application, Kharatmal said, "Once we had passed 750 rickshaws in a day. This could be done because we deployed additional staff. Besides, some are sample tests so the time required is less."

Kalmadi aide under CVC scanner

The Hindu; New Delhi, October 28, 2010
The Central Vigilance Commission is probing a complaint related to alleged amassing of Rs 200 crore by a top Commonwealth Games official, believed to be a close associate of Organising Committee Chairman Suresh Kalmadi.
In reply to an RTI query filed by PTI, the CVC, which is looking into 22 complaints of financial irregularities in different Games-related projects, said that it is investigating the complaint against V.K. Gautam, former Chief Operating Officer (COO).
OC sources said Mr. Gautam, a 1987 batch IAS officer, quit the Committee after complaints of financial bungling came up against him. The officer, who is considered close to the OC chief, was not available for comments.
Asked about the other complaints against the OC office bearers and officials, the CVC said “The issues are still under investigation. Hence, responsibility has not been fixed so far.”
Out of the total projects, six were under the Sports Ministry, four handled by Delhi Development Authority, three by OC, two each by Municipal Corporation of Delhi, Central Public Works Department and the Government of National Capital territory of Delhi, it said.
One work each relating to Department of Commerce, Indian Meteorological Department and New Delhi Municipal Council is also being probed, the RTI reply said.
According to CVC officials, complaints relating to discrepancies in tenders and alleged misappropriation in construction and procurement works carried out by civic and construction agencies were being probed.
The amount involved could be in the range of Rs 5,000-8,000 crore, they claimed.
CVC said the discrepancies like payment to non-existent parties, wilful delay in execution of contracts, over-inflated price and bungling in purchase of equipment through tendering have been noticed.
Complaints regarding alleged irregularities in purchase of air conditioners, furniture and kitchen equipment for the Games Village are also being looked into by the Commission, it said.
The Chief Technical Examination Wing of CVC had earlier claimed financial and administrative irregularities in 16 construction and procurement projects.
Six of them were done by PWD, three by MCD, two each by CPWD, DDA, NDMC and one by RITES, a Government of India Enterprise, a CVC report said.

5 years on, RTI gets a logo

Express News Service & PTI: Fri Oct 29 2010,
New Delhi: Five years after it came into being, the Right to Information Act now has a logo. Minister of State in Prime Minister’s Office Prithviraj Chavan launched this simple-looking symbol that shows a sheet of paper with ‘information’ on it being provided by a ‘public authority’ which resembles the letter ‘i’. The government hopes to increase the awareness of the RTI Act by popularising this symbol among the masses.
RBI to issue CWG logo coins soon
THIRUVANANTHAPURAM: Reserve Bank of India (RBI) will soon be circulating five rupee and two rupee coins bearing the Commonwealth Games 2010 logo. The five rupee coin will be made of composed of copper, zinc and nickel, while the two rupee coins are to be made of iron and chromium, an official release said Thursday.
HC stays withdrawal of Mahanta’s security
GUWAHATI: Five days after the Union Home Ministry withdrew the Z-plus security cover of former Assam chief minister Prafulla Kumar Mahanta, a vacation bench of the Gauhati High Court here on Thursday stayed the withdrawal and directed the Home Ministry to show cause as to why it decided to withdraw his security cover. The vacation bench fixed November 8 as the date for the Home Ministry to submit its explanation.
Ex-IGP gets life in jail for Naxal’s murder
THIRUVANANTHAPURAM: A CBI Special court Thursday sentenced former Kerala IGP K Lakshmana to life in jail for killing Naxal leader A Varghese 40 years ago in a fake encounter. He was also fined Rs 10,000 that will be paid to the murdered Naxalite's family. Lakshmana, 75, pleaded leniency on account of his advanced age and requested that he be lodged in Central Jail in Thiruvananthapuram. The court accepted this plea.
Man impersonating PC’s spl secy held
CHENNAI: A man who impersonated the Special Secretary to Home Minister P Chidambaram and insisted that he be allowed entry into the prohibited area of Ponnambalamedu in Kerala has been arrested. Police identified the accused as V Narayanan and said he was arrested following a complaint by Arvind Mukherjee, Under Secretary to the Government of India.
2-yr-old raped by father, critical
BHIWANI: A two-year-old girl who was allegedly raped by her father in Sohasra village in Bhiwani district is critical. The accused, Sajjan Kumar, had allegedly taken his minor daughter out two days ago on the pretext of taking her to the market. She was found bleeding later, even as he ran away. The infant has been admitted to a hospital.

Thursday, October 28, 2010

Not following RTI Act costs ex-registrar Rs 10k

Express News Service; Thursday, October 28, 2010
‎BANGALORE: The Karnataka Information Commission (KIC) has slapped a penalty of Rs 10,000 on the vice-chancellor of Gulbarga Universiry, to be paid from his salary, for not giving information to a candidate under the Right to Information (RTI) Act that was sought when he was registrar.
E T Puttiah, who was earlier working as the registrar (Examination) at University of Mysore, had failed to provide information to C Jayaprakash, a senior technical assistant at the Defence Food Research Lab in Mysore.
Jayaparkash had applied for MSc in Food Science at the University of Mysore in 2009 and his application was rejected.
Jayaprakash, in a complaint to the State Chief Information Commissioner, wrote that his application for MSc in Food Science was rejected without any reason.
He applied under the RTI Act on October 31, 2009, to know the reason of rejection but did not get the information even after 45 days.
He got a reply from the university six months later, after he had complained to the KIC.
In his complaint, he also mentioned that he lost an opportunity to purse higher education.
The KIC has ordered Puttaniah to pay a penalty of Rs 10,000 from his salary.
The KIC has ordered to deduct Rs 5,000 from his salary in November and December.
The commission has also said it will inspect the salary details on February 9, 2011.

Another RTI activist gets death threats

Melvyn Thomas, Oct 26, 2010
SURAT: After the visually-challenged RTI activist Ratna Ala, another RTI crusader from Valsad, Ketan Shah has lodged a complaint stating that he has been threatened for his activism by the chief officer of Valsad nagarpalika and senior officers in the district administration.
For Shah, major shock came after the nagarpalika passed a resolution — a copy is with TOI — in the general body meeting on October 19 to blacklist him and strictly ordering the entire staff in the municipality not to entertain the applications filed by him seeking information and other miscellaneous work.
Shah, 40, a resident of Mota Bazaar at Bunder Road in Valsad town, has been using RTI as a tool to play watchdog in the works done by the nagarpalika for the past five years. In many cases, his RTI pleas stirred officers in the nagarpalika and the district collectorate into action.
In 2009, Shah, who is also a lawyer by profession, was successful in getting two engineers with the nagarpalika suspended for their alleged involvement in corruption in laying of the drainage network worth Rs1.70 crore under the National Slum Development Programme ( NSDP) scheme of the central government.
Interestingly, the suspended engineers were immediately transferred to other place and they were called back on duty after eight days. When Shah challenged the decision taken by the nagarpalika to reinstate the corrupt engineers, he received an official letter stating that the three shops leased to him in 1982 by the district administration have been cancelled and that he was ordered to vacate the shops at the earliest as the nagarpalika has to repair the drainage manhole chamber passing from beneath their shops.
Now, the situation is such that the nagarpalika has boycotted Ketan Shah and his family. Few days ago, Shah gave an application to the nagarpalika to clean up his overflowing drainage line. But, the municipality officers gave a report that his drainage line was okay and there is no need to clean it up. However, Shah wrote a letter to the minister of state for urban development urging him to ask the nagarpalika officers to clean up his overflowing drainage.
He has told in his complaint to the Range IG that the chief officer of Valsad nagarpalika Jigar Patel has been using pressure tactics in one or the other way to withdraw the RTI applications against the nagarpalika. He gave many applications in the local police station and to the district superintendent of police (DSP) alleging mental harassment meted out to him by the nagarpalika officers, but they (police) are yet to take any action.
"I know death is stalking me every now and then. My only fault is that I have used the RTI tool effectively in exposing the corrupt practices going on in the nagarpalika. I will meet the same fate as RTI activist Amit Jethava," said Shah. "Two days ago, I left my house for some work at night. A speeding car zoomed passed from a very close distance. For a while, I thought it is all over," added Shah.
About the fear of death, Shah said, "The entire administration is against me. I do not care about my death. I will continue to fight to expose the corruption going on in the nagarpalika till my last breath."
Shah's wife, Sarita who is a mother of three kids, said, "They have started harassing our close relatives residing in Valsad as well. They (relatives) are asking us to stop doing RTI against the nagarpalika. But I have asked my husband to continue his work as the RTI crusader and do not worry about me and my children."

Mumbai colleges flooded with RTI applications from students

Puja Pednekar; DNA,: October 27, 2010
Mumbai: As if students bunking lectures or political parties arm-twisting for admissions is not enough, city colleges are now facing fresh bouts of trouble from the student 'RTI wallahs'.
Though the admission season is over, college principals admit that many students are using the Right to Information (RTI) Act, to ask balance sheets, last year's admission records, or even certain old records dating back to the year 1954.
The state had recently declared that RTI Act will become applicable to private unaided schools as well. The basic problem, as many college principals claim, is that students, political parties as well as student organisations are using the act to seek weird information. "After our third merit list closed in September, we had students making a beeline to ask for old admission records. And if we refuse to provide such records they threaten us (with legal consequences)," said a principal from a prominent south Mumbai college, on the condition of anonymity.
However, not all such applications can be written off as 'absurd'. For instance, Ratna Pathak, an FYJC commerce student of Kirti College, Dadar has filed a query in most of the city's top colleges to find out the corruption in management, sports and cultural quotas. "Some of the colleges have responded to the request, but many are pending," she says.
While city colleges are inundated with RTI queries, Ramnarain Ruia College, Dadar claims to have had over 100 pending. "Most times, students just file for the heck of it. They do not even bother to respond once we give them the information. It puts a strain on our resources and staff," said Suhas Pednekar, principal, Ruia. "We have advised students to use the act in a constructive manner," she says.
MB Fernandes, principal of St Andrews College echoed these thoughts, but she claims to have found a solution to discourage students from filing pointless queries. "We began collecting money against every query filed. That has brought down the numbers," she said.
For colleges, this new trend is making life difficult. Recently, many colleges were fined for not responding to the queries. Five public relation officers' of city-based colleges have been fined a sum of Rs25,000 by the state chief information commissioner for not providing information under the act.
College principals claim that the nature of information sought by students under RTI, is sometimes strange. But some students have used it to expose the corruption and malpractice prevalent in colleges for admissions under management, sports and cultural quota.