Pimpri civic body to go ahead with Nigdi flats;

Pune Newsline; Manoj More; Feb 26, 2011,

Pune Mayor Yogesh Behl says no controversy over the issue. Even as Defence Minister A K Antony has sought a report in the PCMC flats scheme for slum-dwellers within 2,000 yards of the Ammunition Depot at Dehu Road, the Pimpri-Chinchwad Municipal Corporation (PCMC) on Friday reiterated that there was no violation of any norms and it would go all-out to protect 11,000 flats “meant for slum population that remained neglected for years”.

Shiv Sena MP Gajanan Babar had met the Defence Minister in New Delhi on Thursday and requested him to look into the matter.

“Antony said he would seek a report in the matter,” said Babar. This, however, does not seem to have caused any ripples in the PCMC headquarters. The mayor and the civic chief dismissed all allegations and vowed to make the dream of the poor come true.

Pointing out that there was “no controversy” whatsover over the issue, Mayor Yogesh Behl said the PCMC was in possession of the proposal written by Southern Command to Defence Ministry seeking reduction in the notified land of 2,000 yards from the Ammunition Depot, Dehu Road. “The Southern Command had in 2008 sent a proposal to the Defence Ministry, seeking reduction in the 2,000 yard norm to 1,140 yards. This was decided by the Command officials after a meeting with civic and district officials,” the mayor said.

Senior civic official said the reduction proposal was prepared by relying on what has been done in other areas of Pune. “Even near Ammunition Factory, Khadki you will find flats and chawls just a little distance away. Similar is the case with Red Zone in Bhosari,” they said.

Stating that the Southern Command had never objected to the construction of the project, the mayor said PCMC came up with the plan in 2000 while the Army notification for 2,000 yards came in 2002. “When the Army notified the area, it should have conveyed it to PCMC, PCNTDA and MIDC officials, but the Army never did that,” he said.

Behl said the PCMC had written at least 10 times to the Defency Ministry seeking clarification of the land in vicinity of the Ammunition Depot. “The Defence Ministry never replied and even now they have not said anything,” he said.

Municipal Commissioner Asheesh Sharma said they would put a solid defence whenever the Defence Ministry seeks information from PCMC. “We maintain that we have not violated any norms. The land was transferred to us by PCNTDA which had issued us a commencement certificate,” he said.

Both Sharma and Behl said they would do their best to protect the flats for slum-dwellers. “Though some people are trying to raise controversy over flats of the poor people, we will go out to protect them,” he said.

Corporator Seema Salve, whose RTI application created controversy over the 11,000 flats being constructed by the civic body in Sector 22 in Nigdi, said PCMC’s contention that it was never informed by the Army was misleading. “We are in possession of several letters written by the Army for past eight years. These letters clearly reveal that PCMC knew about the status of the land near ammunition depot. Yet, PCMC choose to ignore it,” she said.

Punjab on a 'high', to guzzle over 350 mn liquor bottles

Chandigarh, Feb 28, 2011, (IANS)

This is one 'high' that is going to hit Punjab hard but will leave the state government cash rich.

The Punjab government has announced a 10 percent hike in quota of liquor for the next year that is slated to leave the exchequer richer by Rs.728 crore. The state government is eyeing a staggering revenue of over Rs.3,190 crore in 2011-12 from excise duty.

The government has allowed over 35 crore bottles of liquor and beer for the state in the next financial year.

With the state's population estimated to be around 3 crore (2.43 crore in Census 2001), the per capital consumption of liquor would be nearly 12 bottles.

Given that the state has a voting population of around 1.3 crore and those above 18 years of age can legally buy liquor, the per capita consumption for the entire adult population would be about 27 bottles annually.

'If we count all women, the majority of whom would be non-drinkers and they constitute nearly 45 percent of the adult population, the number of bottles per capita would double. The worst thing is that the government is encouraging liquor consumption to generate higher revenue for itself,' Navdeep Singh, a medical practitioner in Jalandhar, said.

By the time the current financial year draws to an end (March 31), liquor drinkers would have gulped down nearly 32 crore bottles.

Excise and taxation department officials said that 1.53 crore cases of country liquor, 53 lakh cases of Indian Made Foreign Liquor (IMFL) and 70 lakh cases of beer have been sold this year. Each case contains 12 bottles each (750 ml to 1 litre).

'With assembly elections scheduled to be held in Punjab in February-March next year, liquor sales are likely to surge phenomenally in the run-up to the polls. Liquor plays a very important part in the campaign of all major political parties,' lawyer Varinder Sharma of Patiala said.

The additional revenue generation of Rs.728 crore is 30 percent higher than the additional revenue of Rs.500 crore expected for the current year (2010-11), which was described as a 'historic increase' by Chief Minister Parkash Singh Badal.

Much of the additional revenue will come at a cost for liquor guzzlers.

The state government has hiked the retail price of liquor bottles by Rs.10 to Rs.20, depending on the brand.

Despite the cost of beer being increased from Rs.45 presently to Rs.55, the industry is expecting a surge in sales.

'There was a growth of around 30 percent in beer sales this year. Next year (2011-12), this will be even higher,' leading beer manufacturer Rajiv Bali told IANS.

Information gathered by a Chandigarh NGO through the Right to Information (RTI) Act last year had revealed that Punjab, Haryana, Himachal Pradesh, Delhi and Chandigarh alone had consumed nearly 75 crore bottles of liquor in 2008-09. The total adult population of these states, as per the 2001 census, is only about 4.5 crore.

Balakrishnan should quit as NHRC Chief: ex-CJI

Marya Shakil , CNN-IBN; Feb 27, 2011,

Kochi: The list of allegations against former Chief justice of India KG Balakrishnan is growing longer. The Income Tax department probing into the allegations of disproportionate assets of his advocate sons in law PV Sreenijan and MJ Benny and brother KG Bhaskaran has now said that the former CJI's family has raised black money.

On February 18, the Supreme Court had asked the Attorney General to find out the status of the complaint on the former CJI's assets. Just two days before that Balakrishnan had asked the Income Tax office in Kochi not to disclose details of his I-T returns - sought by an activist under the RTI Act. Legal luminaries now say the President should initiate proceedings to remove Balakrishnan from the post of NHRC chairperson.

Former Chief Justice of India (CJI) JS Verma has hit out at ex-CJI KG Balakrishnan saying he must step down as NHRC chief.

Speaking to CNN-IBN against the backdrop of new investigations showing assets disproportionate to known sources of income with Balakrishnan's close relatives, Justice Verma said it's time the President stepped in and started proceedings to remove Balakrishnan from the post.

"There is provision for the President to move and removal proceedings should be carried on. He should quit and if the allegations are not true according to him then burden is on him to prove his innocence. Silence is no longer an option as sufficient disrepute has been brought to Judiciary and NHRC," Verma said

Supreme Court Lawyer Anil Divan demanded setting up of an enquiry commission. "A commission of enquiry should be set up and Balakrishnan should explain," Divan said.

The Income Tax department hasn't yet questioned the former CJI. The black money trail could lead to several uncomfortable questions like - did KG Balakrishnan's family misuse his name and office to amass wealth disproportionate to their assets ?

PCB goofs up: Staff PF money deposited in CEO’s account

Ishfaq Naseem Posted online: Mon Feb 28 2011,

Pune : Instead of crediting the last two years' arrears of the Sixth Pay Commission of its 994 employees in their provident fund (PF) accounts, the Pune Cantonment Board (PCB) deposited the amount in the account of its chief executive officer (CEO), thereby denying them the money which they were already promised over one-and-a-half-year ago.

This was brought out by an RTI application filed by BJP city labour front unit president Shashidhar Puram.

In reply, the PCB has informed him that Rs 2.9 crore was invested towards the pay commission by the cantonment board in a nationalised bank on May 4, 2010. The fixed deposit has been kept in the name of the CEO and has been deposited with the UCO Bank at an interest of 6.5 per cent. However, cantonment board employees said due to the failure of the board to deposit the arrears in their PF accounts, they couldn't pay their income taxes as well.

Earlier, PCB had agreed to pay the arrears to the employees from January 1, 2006 to March 2009 in five installments over a period of five years. However though the PCB worked out the amount it has not been transferred to the account of employees. Employees say that they were entitled for an interest rate of 8.5 per cent.

Col SV Shotri, nominated member of the PCB who has been asked to probe the issue, said, “It is apparently a slip-up on the part of the accounts branch of the cantonment board and we will soon fix the responsibility,"

Trusts getting government aid should have a PIO

DNA; Ashutosh Shukla; Monday, February 28, 2011,

Applicants seeking information about public trust/societies may not need to go to the charity commissioner for information any more if the trusts get government aid.

In a landmark order, the state chief information commissioner, Vilas Patil has asked Anekant Education Society (AES), a public trust based in Baramati to appoint public information officer and first appellate authority to give information to the applicant.

The decision is important as until now information about any trust was sought through the charity commissioner’s office. From now on, any trust receiving any form of aid/loan from government will have to come under RTI Act and provide information. In Mumbai, several trusts, including the ones running prominent hospitals are registered with the charity commissioner under the Bombay Public Trust Act.

The order comes after AES, a Jain minority organisation refused to give information to a member of the organisation under RTI. The applicant, Dr Hiralal Bahubali Shah had sought information on the information on the colleges run by the trust, the appointments made, salary structure, and information on the functioning and the constitution and formation of the trust.

The order is a step forward from the earlier orders on the trust because it widens the ambit of the RTI. In a previous order, former chief information commissioner had directed a trust with colleges in Vile Parle to provide information it had denied on a college it ran. The then-commissioner was of the opinion that the information was about students and hence not infringing on the trust.

In the present order, the commissioner counters arguments and court orders cited by the trust that the money received is not for itself but allocated to the principal of the college. The commission stated that since the colleges were formed by the said registered society/trust (AES is registered with charity commissioner and society), which received land, loan and was registered under the Societies Act it had a direct role and looking at it as a separate entity was illogical. It further added that any appointment, change in salary or the constitution could be done by the trust, so it was clear that it had a say and was doing it adhering the rules that helped the college get grants.

Corruption: On The Cusp Of Change

Ajay Shankar, Feb 28, 2011,

Premchand's classic description about a hundred years back of a petty government official having a salary which, like the full moon, progressively shrinks to finally disappear as the days pass, supplemented by the real 'other' income which is like a flowing stream and takes care of needs as they arise, comes to mind as corruption has dominated public attention in recent months. A slightly longer historical perspective is useful at times!

The legacy of the Raj has been so strong that for ordinary citizens, the sense that government is ours and will do what we want is still to become sufficiently widespread, though progress has been remarkable. The decades of faith in the efficacy of bureaucratic micromanagement of the economy and increasing state intervention led to a rapid increase in 'rent seeking behaviour', a euphemism for corruption. The prevailing environment of extreme scarcity heightened these tendencies. As individuals sought material advancement in an economic environment which offered few real opportunities, a strange contradiction emerged between the formal discourse of the 'public good' and the informal one centred on 'private profit'.

As political participation became more inclusive across parties - and as merit-based recruitment for government positions with reservations to further social justice grew - there occurred the process of what can be best described as the democratisation of corruption. New political cadre and new government employees from hitherto unrepresented social strata could all benefit from corruption. Corruption began to acquire a constituency. As using political power for the larger public good was difficult, why not also use it for private profit which was easier. In any case, there was the compulsion of raising resources for political activity in a poor developing economy. Aggressive identity politics could provide electoral stability even with unabashed private rent seeking behaviour. If all are corrupt, why single out any one.

Every now and then, there would be a popular backlash against corruption both at the central level and in the states. Opposition parties would use the issue to the maximum. There would be changes in government following elections where corruption would be the major issue. High-profile cases would be registered and some dramatic arrests would be made. Then, the dust would settle and it would be back to business as usual.

Is it going to be the same this time or has something really changed which should warrant optimism? In democracies, changes are slow and incremental but at some stage an inflexion point is reached and a qualitative transformation begins which over time has a revolutionary impact. One such inflexion point was reached with the licence permit raj approach to the economy.

Since then, liberalisation has increased and become irreversible. As state monopolies have ended and scarcity has given way to competition, ordinary people have not only benefited but have also seen the withering away of corruption in these areas. Increasing entrepreneurial freedom has transformed India and given hope that with sustained 8% to 10% growth, the battle against poverty could finally be won.

Sustained economic growth of over 8% for almost 10 years, political inclusiveness, the information revolution, the confidence of the young in their right and ability to make a better future have all brought India to another inflexion point. The ordinary people have seen the limits of identity politics and are getting increasingly angry at the price they are paying for pervasive corruption.

A free, competitive and vibrant media, the impact of the RTI, and dedicated NGOs have acquired a critical mass. These forces will only gain in strength. Political cadre and government servants will find it increasingly difficult to escape scrutiny. Even the higher judiciary is finding itself being called to account for the first time. The pressure is to liberate India from corruption. Political leaders would find it to their advantage to be on the right side of this historical transformation as can be seen from the public response to even the perception of not acting quickly enough against corruption.

Progress in the struggle against corruption will need simultaneous policy effort at both the macro and micro levels. The core strategy for both has already been evolved and seen to have worked. At the macro level, liberalisation has greatly narrowed the scope of corruption. While further liberalisation would help, the government may still be required to take decisions with large implications for economic players. A consensus on the right and fair way forward through transparent stakeholder consultation in such situations would be invaluable.

At the micro level, IT has already worked wonders for, say, railway reservations. The rollout of e-governance with independent oversight and audit mechanisms would make a huge dent in petty corruption. Political parties also need to seriously address the issue of political funding. Political activity is a public good and needs transparent funding mechanisms which are fair and equitable. Practices elsewhere need to be studied and discussed.

The experiences of other democracies have shown the arrival of similar inflexion points of qualitative transformation with regard to corruption. India is on the verge of one. The challenge is to move forward speedily with bipartisan consensus and to generate confidence and optimism. The process would then be irreversible.

• The writer is a former secretary of industries .

CIC hearing on mine labourers' appeal on March 16

TNN, Feb 28, 2011,

JAIPUR: The Central Information Commission (CIC) will be hearing an appeal against the National Institute of Occupational Health (NIOH) in Ahmedabad on the institute's failure to part with medical reports of an examination on 126 mine workers of Jodhpur for silicosis on March 16.

The appeal to the CIC was filed by one Roop Lal, who is one among the 126 mine workers who were tested for silicosis by doctors of NIOH between May 8 to 11, 2007. In his application, Roop Lal has said that he had filed an application under the RTI Act to the institute seeking his detailed medical report on April 24, 2010.

"However, when after 30 days of this application I did not receive any information from the NIOH, I filed the first appeal on July 16, 2010 that was received by the institute on August 13. Even after this, I did not receive any information from the NIOH though a letter from the institute intimated me that my letter has been forwarded to the concerned person in the organisation," Roop Lal has written to the CIC.

According to the applicant, the NIOH, after the tests on the workers, had taken out a research paper in which it had said that some of the workers had tested positive for silicosis. "When we were tested, we were not told as to why or who were doing the tests on us. It was only later with the help of an NGO, Mine Labour Protection Campaign (MLPC), that we got to know the reasons," Roop Lal has said.

Since then, according to the applicant, many of them have been trying to get hold of the medical report on tests done on them but to no avail. "Once we were also told that there were no tests done on us or any study published to this extent. But I know that is not true. The information sought by us concerns our life. I have been a mine worker in the past and have been remaining unwell for quite some time," he said.

Interestingly, MLPC had taken up the cause of these workers and knocked on all doors and staged dharnas at various places but to no avail. It has even staged a dharna outside the NIOH office seeking the intervention of officials in helping the silicosis victims get their report.

The CIC will be hearing the case through video-conference from 11.30 am on March 16 at the NIC district centre in Ahmedabad. Even the NIOH has been asked to appear on the day through any of its officers whose assistance had been sought in the RTI. "In the event of failure by you to appear for the hearing, the commission shall pass an ex-parte order," the CIC has said.

Who gave nod to phased-out chopper deal? CIC to ministry

Press Trust Of India; New Delhi, February 27, 2011,

The Central Information Commission has directed the defence ministry to disclose the names of ministers and officials who had given the go-ahead for the procurement of six “phased out” helicopters from the US, for which it had received a rap from the CAG.

The Indian Navy had earlier refused to disclose any information about the deal saying disclosure would compromise national security and cited exemption under section 8(1)(a) of the RTI Act to withhold the details.

RTI applicant Subhash Agrawal had sought from the Navy information about the deal including the objections raised by the CAG, the replies given by force, and the names of ministers, defence secretaries and other officials who had cleared it.

Hearing Agrawal’s plea, information commissioner ML Sharma asked the Navy to give reasons why the information which was already in public domain because of the CAG report was being withheld.

A Navy official said they cannot tell who the ministers who handled the file were and that defence ministry would be in the best position to explain it.

Sharma then ordered the defence ministry to provide the names of its ministers and secretaries who had handled the file.

Sharma said as per transparency law any information which can be provided to Parliament or any state Assembly cannot be withheld from RTI applicants.

The Navy had acquired six decommissioned UH3H helicopters under the Foreign Military Supply programme of the US in November 2006, along with training and support facilities at an approximate cost of R182.14 crore.

CAG found that the procurement “would ultimately compromise operational effectiveness” of the force.

Maharashtra forms panels to look in RTI activists'' complaints

Vijay Malepu; Mumbai, Feb 27 (PTI)

The Maharashtra Government has set up police committees to look into the criminal complaints and requests for security received from RTI activists and social workers in view of a spurt in attacks on them.

The panels have been set up at Maharashtra state police, Commissionerate and district levels in keeping with a Bombay High order.

"These committees would take serious note of the complaints received from activists and immediately act on them. We have formed these committees as per the order Bombay High Court order," Pravin Dixit, Principal Secretary (Home), told PTI.

At Maharashtra police level, a three-member committee, headed by Additional Director General (Law & Order) Satyapal Singh, has been put in place. A special IG from Law and Order and State CID wings each would be the other members.

The top level panel will hold meetings every month with 86 more committees two each at 10 Commissionerates and two each at 33 districts set up to look into the demands of security by the activists and their complaints, official sources said.

These committees will share information and prepare a comprehensive data of complaints and crimes related to the activists. The data would be provided to Home department as and when required, they said.

According to activists, this year alone at least five attacks took place on RTI and social activists in Maharashtra.

Over 25 attacks were reported last year, including at least 10 murderous assaults, on them across India.

Appeal on RTI plea seeking IAS, IPS officers assets rejected

Anindo Dey, TNN, Feb 28, 2011,

JAIPUR: The first appellate authority and additional chief secretary BB Mohanty has turned down an appeal under RTI Act seeking details of property and income tax returns of all IAS and IPS officers in the state. The RTI application and the subsequent appeal was filed by one Dinesh Bothra from Jodhpur after the department of personnel had denied him information on the same.

Mohanty in his order has stated that the information sought by Bothra is not in public interest and concerns a third party. "Hence there is no need of any further action on it," he has said.

While Bothra is preparing to go for a second appeal to the state information commissioner, Mohanty's reply could turn out to be a pointer to a showdown between the legislature and the executive in the state on the issue. For, chief minister Ashok Gehlot has just a week before Mohanty's reply, indicated the intention of the state in making the assets of state officials public to bring in transparency.

"We have discussed the matter in the cabinet meeting. If all goes as planned, assets of IAS, IPS and other officers will be made public," Gehlot had said in January. This stand came after a decision was taken to put up details of assets and liabilities of all its ministers on the government website.

As per existing norms, bureaucrats belonging to all India services in the state file their property details with the department of personnel. But Bothra had sought details of all immovable property of officers belonging to the all-India services and working in Rajasthan, including IAS, IPS and IFS officers.

The RTI application also sought information from the DoP on what action the department has initiated against those all-India service officers who have not filed returns of their income by January 2010 as is mandated. Besides, it also sought information on whether any of these officers have received any gift worth more than Rs 5,000 last year, details of which are also supposed to be intimated to the DoP within a month of receiving the gift.

However, the DoP had denied information on the same citing reasons of the information being personal. It has also pointed out that the information sought by Bothra involved a third party and hence it cannot be disclosed.

"It's a sheer contradiction. After the chief minister took a decision to put such information on public domain, what is stopping the secretariat in giving me the same. Or is it that the executive does not see in line with the ministers' decision of the same ?" asks Bothra.

On bail in wife’s murder case, man files RTI for probe status

Jaidev Hemmady Posted online: Mon Feb 28 2011,

Mumbai : A man held for the murder of his wife two years ago and later released on bail has filed an application under the Right To Information Act to know about the state of investigation in the case.

Nallasopara-resident Subramaniam Iyer (25) was arrested along with his brother Hariharan for the murder of Subramaniam’s wife Subbalaxmi Iyer in March 2009. Subbalaxmi was found dead in her house at Lilu Apartments in Nallasopara on the afternoon of March 19, 2009. Their two-year-old daughter Janani was found near the body unhurt. Subbalaxmi’s sister Anantlaxmi had discovered the body and raised suspicions over Subramaniam and Hariharan.

“Following the accusation, a murder case was registered against us and we were arrested and subjected to third degree torture to make us confess,” Iyer alleged.

Subramaniam and his brother were granted bail in 2009 on grounds that there was no strong evidence linking them to the murder and that the brothers’ employers vouched for their presence in office on the day of the crime.

“The court granted us bail, the complainant has left the state and is not following the investigation but our lives have been ruined. We lost our jobs as our employers did not want to have murder accused on their payroll. The society looks at us with suspicion and this will not end unless the police clear our names by apprehending the real killer,” said Hariharan.

Deputy Superintendent of Police (Thane Rural) Deepak Devraj said, “My office has received a copy of the RTI application and I have asked the officials from the Nalasopara police station to study the files and prepare a report. We will review the case, go through the documents again and prepare a reply.”

Govt officers cite ‘missing files’ to avoid rti ambit

Nivedita Khandekar, Hindustan Times; New Delhi, February 28, 2011,

The powers-that-be have found loopholes in the RTI Act and are using them to deny information to applicants.

“Refusing to provide information under the garb of ‘missing documents’ has been a regular practice with public information officers from the MCD, DDA and other departments,” said MK Gupta, a member of Dwarka Forum, a group of activists that uses the RTI Act to raise civic matters.

When the Public Cause Research Foundation (PCRF) analysed the orders passed by various information commissioners at the national and state level for its annual awards last year, the data collated was astounding.

“During 2010, information commissioner Shailesh Gandhi, who handles departments pertaining to Delhi, had received as many as 30 such cases and ordered filing FIRs in 28 cases,” said Neeraj Kumar of PCRF. At a national level, there were 402 such cases, of which police complaints were asked to be filed in only 345 cases.

Arvind Kejriwal, RTI activist and Magsaysay award winner said, “Information Commissioners treat ‘missing papers/file’ as a legitimate excuse for denial of information.” He further added, “Apart from directions to file police complaints, stringent steps like suspension or disciplinary action against officials concerned are necessary.”

Every Punjab police station should have PIO, rules SIC

Feb 28, 2011,

PATIALA: In a major step towards the implementation of the Right to Information Act (RTI) in the Punjab police, the State Information Commission (SIC) has ruled that every police station of Punjab should have its own public information officer (PIO). The commission has made it clear that the SHOs are the PIOs for the purpose of providing information and asked the Director General of Punjab to ensure the implementation of new directions.

The decision, which was taken recently, will not only help the residents of the state in getting information at the earliest as they would be able to file RTI applications with their respective SHOs instead of going to the SSP's office, but it would also reduce the burden on the district headquarters as presently the district police headquarters are overburdened with RTIqueries.

"We have been receiving applications from the entire district. After receiving RTI applications we forward these to the police station concerned, but if the SHOs start working as PIOs then residents will be able to get their information directly from their police station instead of coming to our office," said a senior police officer posted in Patiala. Kuldeep Singh had filed an RTI application with the SHOcum-PIO of police station Salem Tabri, Ludhiana, in November 2010 and sought certain information related to the Salem Tabri police station.

No action a week after RTI activist immolates self

NDTV; February 28, 2011,

Rapar, Kutch: A week after an Right To Information (RTI) activist in Gujarat immolated himself in protest against delays in providing information on his RTI application, the police are still to effect any arrest.

45-year-old Jabbardhan Gadhvi set himself on fire after there was no response to his application asking for ownership records of his family land. Gadhvi had moved the application a year ago.

"My brother had warned of this extreme step. I had also told officials to take preventive steps but nothing was done to stop him from immolating himself", said Mavaladhan Gadhvi, brother of the deceased.

After Gadhvi's suicide, the state has suspended the local revenue officials for not acting on his RTI application. The family, though, is demanding that the officials should be charged with abetment to suicide.

The case is yet another incident of how RTI activists have been facing intimidation from those who fear being exposed

Last year, whistleblower Keshubhai Jadeja immolated himself allegedly because he was being threatened for trying to expose a billing scam by seniors in his department.

50,300 defaulters of bank loans of Rs1 cr or more: RBI

Manish Pachouly, Hindustan Times; Mumbai, February 27, 2011,

There are 50,300 defaulters across India who have not repaid loans amounting to Rs1 crore and more each in the last 15 years. The Reserve Bank of India (RBI) has mentioned this in response to a query under the Right to Information (RTI) Act.

Though the RBI has not mentioned the amount of the defaulted loans, it is easily more than Rs 50,000 crore even if the minimum default figure of Rs1 crore is considered. The RTI query filed by one Manoranjan Roy had sought details of loan defaulters from the year 1995.

However, figures available with the All India Bank Employees’ Association (AIBEA), which publishes reports on wilful defaulters, shows the defaulted loan amount figure is more than Rs 75 lakh crore in the last 20 years. The AIBEA is coming out with a fresh report by the end of next month, which will have the latest default figures (of Rs 75 lakh crore).

“This includes those defaulting on amounts of Rs 25 lakh or more,” said Vishwas Utagi, secretary, AIBEA. Utagi said of the total defaulted amount, around 40% would be in Maharashtra alone. So, the amount of loans defaulted on in the state works out to Rs 30 lakh crore.

Finally, State issues GR to safeguard activists

Pune Mirror; Tanaji Khot; Sunday, February 27, 2011,

It took more than a year after Satish Shetty’s murder for the government to step in and provide protection to whistleblowers, but activists are cynical about it’s implementation

Following the brutal murder of Right to Information (RTI) activist Satish Shetty, the State government issued a Government Resolution (GR) to provide protection to such activists about a year ago. This happened after the Bombay High Court (HC) ordered it to do so. The Home department recently issued an order to set up committees to decide matters related to the protection of social activists and ensure speedy inquiries into attacks on them.

After the murder of Shetty in Talegaon on January 13, 2010, the issue of providing protection to activists was widely discussed. The government issued a GR in February 2010 for the same. Activists who live in constant fear of being attacked are now breathing a sigh of relief due to this decision.

However, it is not clear how the system will work and how activists can avail of protection on time. With the recent order on February 20, the government will establish special committees within the home department at various levels. There will be a central committee to decide on such issues in the police headquarters. There will also be two different committees that will work at the police commissioner’s office and the district superintendent’s office level.

Shivaji Raut, an RTI activist from Satara, said, “The delay in the implementation of such provisions to protect activists is a matter of shame for Maharashtra as the RTI Act was implemented here first.

Of every 10 social activist victims in India, four are from Maharashtra. It is not a secret that the police work under political influence. So, how effectively they come forward to provide protection to activists is a big question.”

Committees headed by the city’s Assistant Police Commissioner (Crime) and Deputy Superintendent of Police (home department) will conduct meetings every month.

The committees will decide upon the application of an activist seeking protection. It will also monitor probes of previous attacks that have been carried out on activists. They will also ensure that complaints lodged by activists are filed without any obstacles.

RTI activist Vihar Durve said, “In the Shetty case, the police’s inefficiency was exposed, so the HC transferred the case to the CBI. The police should work towards gaining people’s confidence. The government’s move is welcome but the question is how effectively is it going to implement this?”

► In the Shetty murder, the police’s inefficiency has been exposed. The govt’s move is welcome but the question is how effectively is it going to implement this ?

- Vihar Durve, RTI ACtivist

'Make inventory of tenancy and mundkar cases'

TNN, Feb 27, 2011,

PANAJI: Taking a serious view of head clerks in taluka offices not maintaining proper records of old, disposed of tenancy and mundkar cases, North Goa collector R Mihir Vardhan has directed the officials to prepare an inventory of all such cases within three months. In a memorandum, Vardhan noted that head clerks, who are the custodians of such records, have stopped maintaining the custody of old, disposed of files pertaining to tenancy and mundkar cases.

"The head clerks of talukas are conveniently pushing applications for certified copies or received under the Right to Information (RTI) Act to the staff of the (mamlatdars') courts. The head clerks are only doing the work of postmen which is highly unwarranted and in the process disturbs the courts' work. Such an act by head clerks has hampered courts' work to a great extent," Vardhan remarked.

The collector has directed the head clerks of Tiswadi, Ponda, Bardez, Bicholim, Sattari and Pernem talukas to prepare inventories of all such cases within three months and to submit compliance reports every 15 days of the work completed by them.

The collector has also made it clear that non-compliance of the order will be viewed seriously. Vardhan's directions to the head clerks not to disturb the staff attached to the mamlatdars' courts is in view of recent directions issued by the high court of Bombay at Goa directing mamlatdars' courts to dispose of cases in a time-bound manner.

33-yr-old killed by his cousins

TNN, Feb 27, 2011,

AMBALA: In a shocking incident, a 33-year-old man was brutally murdered by his cousins over a property dispute in Ambala city on Saturday morning.

Parveen, the victim, was on way to district courts complex of Ambala city to pursue the case, when the incident took place. Police said that Parveen was actively pursuing the cases against cousins, making use of the RTI Act to get updated about a police case. This is believed to be the reason for Parveen's murder.

Parveen's dismembered body, found by the roadside, has been sent for postmortem examination. Police have started investigations after registering a murder case against five persons, including his cousins. Preliminary investigations suggested that the assailant cousins also made an abortive attempt to eliminate Parveen's wife Mamta and sibling Pardeep Kumar, the investigating officer said.

"On Saturday morning, when Parveen was about to enter city area, a car with five persons inside, knocked down his bike. As Parveen fell, the five assailants alighted and attacked Parveen with sharp-edged weapons. His hands and legs were dismembered. They escaped leaving him dead on the road," he said. Eldest of the two siblings born to former ASI Balram Singh, Parveen had some doubts over the medico legal report of his father and was using RTI to get information."Investigations are on and we are conducting raids to round up the accused," said Rajkumar Walia, DSP, headquarters.

Pune Municipal Corporation pays up for non-existent cycle tracks, footpaths

DNA; Partha Sarathi Biswas; Saturday, February 26, 2011,

The Pune Municipal Corporation (PMC) has made full payment for the concretisation of the old Pune-Mumbai highway and Sinhagad Road, although 10% of the Rs80-crore project cost was earmarked for the non-existent cycle tracks and footpaths.

These serious lapses have been revealed in a file inspection conducted by DNA under Section 4 of the Right to Information Act, 2005 (RTI), at the office of Jawaharlal Nehru national urban renewal mission (JNNURM) of the PMC. The file inspection was done along with RTI activist, Vijay Kumbhar.

Old Pune-Mumbai highway;

The documents show that the contract for concretisation, widening and laying of cycle tracks and footpaths was awarded to M/s Patel Engineering Ltd. The estimated cost was over Rs32 crore, for a distance of 5.5 km. The tenders of these works were granted to the party in January 2008.

The work was supposed to be completed within a year. However, work extension was granted twice, for three months each, and finally the work was completed on paper in June 2009. These extensions escalated the total cost of the project by Rs3 crore. Land acquisition problems were cited as the reason for extensions.

The original plans included the laying of footpath and cycle tracks of 7.5 metre width each on either side of the road. However, a spot inspection by DNA revealed that there was no sign of a cycle track on either side of the road. Footpaths were laid only in certain stretches. The stretch of road from Khadki railway station to Harris Bridge has no cycle track or footpath on either side.

Sinhagad Road;

A total of 7.3 km of Sinhagad Road, from Sarasbaug to Dhayari Phata, was taken up for concretisation and other work. This included laying of footpaths, cycle tracks and beautification of road dividers. The tenders for this work was awarded to M/s Bhagyashri Contractors in April 2008.

The total cost of the tender was Rs47 crore and the work was supposed to be completed within a year. The work ordered included laying of cycle tracks and footpaths of 4.5 metres on either side of the road.

The bills for this project were cleared early last year, with the 10% of the tender amount being used for laying the cycle tracks. A road inspection by DNA revealed that the footpath was laid on some stretches. The cycle track was seen only between Parvati Water Works and Pu La Deshpande Garden.

Speaking to DNA, Vinay Deshpande, officer on special duty of the Pune Municipal Corporation’s JNNURM cell, blamed land acquisition problems for the missing cycle tracks on both these road. “On the old Pune-Mumbai highway, the Khadki Cantonment Board did not hand over the land and so we could not lay the cycle tracks.

“On Sinhagad Road, the land acquisition of the slums and other buildings is a problem, which prevented us from laying the cycle tracks and footpaths,’’ he said.

However, Deshpande was unable to explain the full payment made to the contractors even though the footpath and cycle tracks were not laid as per the terms of the tenders.

Asked if fresh tenders would be floated to lay the cycle tracks and footpaths, officers at the JNNURM cell replied in the affirmative. They pointed out that the fresh tenders would include the cost of land acquisition.

Activist Vijay Kumbhar termed this as blatant siphoning of public money and demanded strict action against the officers. “In the first place, the JNNURM cell should have deducted the budget head meant for laying of cycle tracks before clearing the bills. Now they are talking of floating a second tender for laying of cycle tracks. I demand a full enquiry and the guilty officers should be punished,’’ he said.

RTI activists revive demand for CIC bench

MANOJ MORE : Sun Feb 27 2011,

Pune : Last month, a medical store owner from Chinchwad filed an RTI application with Command Hospital seeking information on tendering process for medicine and other related things. When he got nothing, Kannan Nambiar filed the first appeal with the commandant of the hospital, which was rejected. “I was not given even a hearing,” alleged Nambiar. He sought to file a second appeal and was told to go to New Delhi.

Nambiar went to Delhi and filed his appeal with the Director-General of Armed Forces Medical Services but returned emptyhanded. Nambiar’s experience has yet brought to fore the demand of social activists for a Central Information Commission bench in Mumbai or Pune.

“Why can’t we have a CIC bench in Mumbai or Pune? I would have given up, but I was determined to fight. I took the trouble of going all the way to Delhi,” said Nambiar. “I had to spend over Rs 5,000 and waste six days,” said Nambiar, on whose complaint the CBI had raided the Command Hospital in December.

RTI activists said scores of applicants give up as they have to spend time and money to go to Delhi for hearing RTI appeals. There are nearly 200 central government institutions and defence establishments in Pune including nationalised banks, LIC, income tax, central tax, CBI, ammunition depot, ARDE and the like. The present arrangement includes sending RTI appeals through post.

“These facilities are available at fives places, including the GPO, City post office and Swargate post office. If it is not possible for the applicant to be in Delhi, then a special arrangement is made at the collectorate for a video-conference. But this has not gone down well with applicants who are increasingly shying away from filing second RTI appeals,” said Vijay Kumbhar, president of the Surajya Sangarsh Samiti, which last week sent another appeal to the CIC to set up a bench in Mumbai.

Kumbhar said RTI activists have been pursuing the case with the CIC, but the demand has been rejected on the grounds it would financially burden the government. “We can understand that there cannot be a CIC bench in every city. But they should at least have a bench in a city like Mumbai, which can be made applicable to states like Maharashtra, Gujarat and Goa,” he said.

Kumbhar said they have urged social crusader Anna Hazare to revive the demand for a CIC bench in Mumbai. When contacted, Anil Sharma, personal secretary to Hazare, said Hazare would meet President Pratibha Patil in New Delhi on Sunday in connection with Lokpal Bill and the RTI Act implementation. “Anna will raise with the President the issue of a CIC bench in Mumbai. Anna has told the CM to take up the demand with the government.”

Women taking RTI help threatened

Hueiyen News Service; Imphal, February 26 2011:

Four women who tried to extract information for implementation of work under MGNREGS within Pallel Gram Panchayat undrt Kakching block of Thoubal district were allegedly threatened by the officials concerned.

The four who reported received threats are Takhellambam Ongbi Ibempishak wife of T Ranjit, Konjengbam ongbi Anita wife of Shamugou, Sagolsem ongbi Memcha wife of Bimol and Mayanglambam Momon wife of Kullabidhu, all from Pallel Mamang Leikai.

They were allegedly threatened to catch, the four women said while briefing reporters at Macha Leima office, Palace gate today.

Ibempishak alleged that when job card holders were given for 31 days during 2008-09 and 2009-10, wages of only 22 days distributed.

Officials had collected all the job cards after four day of issuance of the same saying that they were ordered to re-collect the same.

Since then, despite their repeated request, the authority fails to distribute the job cards, he said.

When confusion surfaced in the mode of implementation of the flagship programme in the area, they went to the RTI for extracting information so that they could know the actual work implemented in the area.

While seeking the information in the application they submitted on September 20 last year, they also put down some questions which the reply is to be given by block development officer concerned.

Even after 30 days had passed, no information regarding the application could get which they were compelled to go to Chief Information Commissioner.

When the hearing of the complaint lodged by them was fixed on January 31 last, they were blocked by some gram panchayat members.

Later, using their forge signatures and obtaining signature of the pradhan, some people applied to the Chief Information Commissioner stating that they had withdrawn the application.

Unhappy with the development, they informed the CIC that they had not return back the application and requested for re-fixing the hearing date again.

Since then, they started receiving threats, they alleged.

Sonia's NAC prevails over govt on RTI, Forest Rights Act

Subodh Ghildiyal & Himanshi Dhawan, TNN, Feb 27, 2011,

NEW DELHI: The Sonia Gandhi-led national advisory council (NAC) has won decisive victories in keeping at bay the governments attempt to regulate right to information and ensuring the pro-tribal Forest Rights Act is made more effective for its intended beneficiaries.

On the national Food Security Act -- the third bone of contention between the government and NAC -- the Council at its meeting on Saturday held its ground and advocated a staggered rollout. It disagreed with the government to insist that procuring 65 million tonnes of food grains for a full rollout of the programme is not a difficult task.

NAC, seen as a policy interface with civil society, is an influential body providing policy and legislative inputs headed as it is by the Congress president.

Prevailing on RTI and forest rights are major achievements while guaranteeing 35 kg of food grains a month to families below poverty line and sections of urban poor is a key Sonia scheme, too.

On RTI, the government ceded ground on its bid to restrict an application to 250 words and a clause stating an inquiry would end if the applicant died. Now, it will say an application should preferably not exceed 500 words. It has also agreed that a query will not cease on an applicant's death.

The government is still insisting that an RTI application should be focused on one subject. But NAC has decided not to give up. Sonia Gandhi told Council members on Friday that this should be pursued with the government.

Department of Personnel and Training had earlier opposed NAC's suggestions Information activists who saw the proposed amendments as a bid to dilute the powerful act can rejoice after a protracted three-month battle.

The 250-word cap and the single subject rule are in particular seen to be limiting clauses. Abatement of an appeal in case of an applicant's death has also seen activists arguing that this provision could be misused to kill people asking uncomfortable questions as has been reported in some cases recently.

While NAC feels the Forest Rights Act is doing well, it wants to tweak it to reduce the scope of tribal beneficiaries being defeated by red tape. Thus required quorum for convening a gram sabha may be reduced from two-third to half to increase the frequency of meetings for speedy settlement of claims. And the tribal representation in the forest rights committee may go up from one-third to two-third to increase their clout under the Act.

The Centre may also issue guidelines to allow tribals to transport and sell minor forest produce with a guaranteed minimum support price although this may imply removing restrictions that stipulate that forest dwellers can take away only as much as an individual can carry.

Just like the DoPT on RTI, tribal affairs ministry had earlier opposed the suggestions of the NAC on Forest Rights Act.

The NAC and the tribal affairs ministry have narrowed differences on changes proposed in the landmark law giving settlement rights rights to tribals and other forest dwellers with sources saying that tribal affairs ministry accepted most of the councils suggestions.

On food security, the end to the government-NAC standoff might take some more time with the Sonia-led panel digging in its heels. It refused to accept the governments plea that covering 90% of the rural population and 50% of urban dwellers is not feasible in terms of food grain availability, storage and distribution.

Most recently, the Prime Minister's Economic Advisory Council sought a middle ground by paring down the NAC proposals while enhancing the government's offerHowever, NAC members argue that the governments view is conservative and the council has released its version of the draft bill on its website for public comment.

An NAC working group will prepare a draft food security bill taking into account the public feedback. In the first phase NAC estimates a total public distribution system food requirement of 49.4 million tones based on lower rural and urban coverage and smaller off-take of 85%. This is to allow improvements in food procurement and distribution.

In contrast to government's view, the Council considers assumption of 90% (final) offtake at proposed prices (Rs 3 a kg) to be reasonable. Theexperience of Tamil Nadu (with a near universal PDS system) shows the off take tends to be much lower than 100% at even lower prices (Rs 1 per kg of rice) than under the National Food Security Act, the NAC's note says.

More local procurement and reducing exports of about 7-14 million tonnes of cereals a year and could augment food procurement, feels the NAC.

On the Forest Rights Act, the NAC working group, it is learnt, wants the condition for non-tribals to claim right on forest land to be possession of land. Presently, they are required to be in possession of the land (75 years) and also be dependent on it for livelihood.

However, there are doubts on the efficacy of reducing quorum strength. While the objective is to facilitate frequent meetings sources said setting quorum at half the gram sabha strength would disadvantage tribals where they were numerically weaker. It would be easier for non-tribals to ignore the tribals in convening the gram sabhas.

On allowing tribals the freedom to sell and transport minor forest produce it is feared may bring in motorised vehicles for ferrying of minor produce and make the system vulnerable to exploitation by contractors and non-tribals.

Defence estate officer’s role in focus

Dinesh Thite; Friday, February 25, 2011,

The permission for construction in the Dehu Road Ammunition Depot’s ‘Red Zone’ given by former defence estate officer (Pune circle), SR Nayyar, needs to be investigated.

On Wednesday, Pimpri-Chinchwad mayor Yogesh Behl held a press conference in which he presented a no objection certificate (NOC) for a construction project in Talawde issued by the defence estate office (DEO), Pune circle, to a Pimpri resident, Mahesh Sugnani.

The NOC signed by Nayyar allowed construction, while stating that Gat No 384 part of Talwade does not fall in the defence safety zone. Behl pointed out that this construction falls under the ‘Red Zone’ where construction activity is prohibited.

The mayor argued that Sector 22, Nigdi, where the Pimpri Chinchwad Municipal Corporation (PCMC) has undertaken its slum rehabilitation project is far from Talwade, which is closer to the ammunition depot. Therefore, it is surprising that the defence authorities are accusing the PCMC of violating the ‘Red Zone’, he said.

Significantly, the then defence estate officer’s role in giving such permission has become questionable in view of the objections raised by the Ammunition Depot.

Shiv Sena corporator Seema Savale has secured letters under the RTI Act, 2005, written by the ammunition depot to the DEO’s office objecting to NOCs issued by it. The ammunition depot had in fact “advised” the authorities to withhold the NOC issued by DEO Pune Circle till clarification was received on the issue.

Ammunition depot administrative officer, Lieutenant Colonel G Pandey, had sent these two letters about NOCs given by the DEO.

Nayyar had signed an NOC given to Mahesh Sugnani for construction in Talwade on February 13, 2007, regarding Gat No 384 part of Talwade listed in appendix C of Gazette notification issued by the Government of India (GOI), which notified the land around ammunition depot as no-construction zone.

On October 19, 2007, the ammunition depot sent a letter to DEO, Pune Circle, in relation to other Gat numbers clearly asking him to seek clarification and approval with the ammunition depot before issuing any such NOC.

In another letter on October 31, 2007, the depot had asked the authorities to hold such NOCs issued by the DEO. In his October 19, 2007 letter, Pandey had said: “It has been brought to the notice of this depot by PCMC that your office has issued NOC in respect to Gat No of Village Talwade stating that these properties area do not fall in the safety clearance zone of 2,000 yards. You are requested to forward the details, sketch, surveys done and records held with your office wherein the said Gat is outside the safety clearance zone of 2,000 yards.”

The letter said, “As per our record and joint survey done, the NOC given by you to PCMC comes under scrutiny clearance zone of 2,000 yards. For any such lapse this depot will not be responsible for issue of NOC from your office without our concurrence.”

In another related letter to Station Headquarters, Dehu Road, Pandey has said, “A fresh map provided by town planning department of PCMC, clearly shows that the above said Gat number do come under 2,000 yards security clearance zone from the outer perimeter wall of the depot. Hence, PCMC has been advised to hold NOC issued by DEO Pune Circle till clarifications on the subject by the DEO Pune is received.”

Pandey had sent a copy of this letter dated October 31, 2007, to DEO Pune Circle with a request to send reply to the depot for discussion at the earliest. An effort was made to contact Nayyar, who was stated to have retired from the defence services. The defence estate office, Pune Circle, and the Khadki Cantonment Board, where he last served, could not provide his contact details.

Congress-BJP trade allegations over farmer immolation in Kutch

DNA; DV Maheshwari; Friday, February 25, 2011,

The Kutch district Congress on Thursday accused the BJP of shielding revenue and police officials whose inaction led to the self-immolation of Rapar farmer Jabbardan Gadhavi on Monday.

The party took out a rally in Bhuj in this connection. The BJP however accused the Congress of politicizing the matter.

Congress leaders and workers stormed the main building of the district collectorate demanding immediate arrest of the accused. They also raised anti-Modi slogans before submitting a memorandum to the additional collector Gunwant Vaghela.

“Our demand is justified since the police have registered offences against the accused officials under section 306 of the IPC. If they are not arrested, the party will intensify the agitation as this matter involves a loss of life," Adam Chaki, state vice-president of the Congress told DNA after the rally.

Chaki accused the administration of trying to save officials involved in the case.He asked how could a woman talati disappear with records of entire land in Dawari village and still remain untraceable. Criticising the Congress BJP district president and Abadasa MLA Jayanti Bhanushali said the government has taken immediate action against those responsible for the incident.

Bahnushali said he had contacted chief minister Narendra Modi and state home minister Praful Patel after the incident and demanded strict action against those responsible.

Jabbardan had set himself ablaze on the premises of the Rapar mamlatdar office after he allegedly failed to get information regarding his land under the Right to Information (RTI) Act. His land was sold off by someone without his knowledge.

The revenue and police officials were reportedly present at the place when Jabbardan set himself on fire but they allegedly made no move to stop him or douse the fire.

Two Pune constables booked for extortion

DNA; Chaitraly Deshmukh; Friday, February 25, 2011,

The Pune police on Wednesday booked two constables attached to the crime branch for allegedly extorting Rs2.55 lakh from a businessman after threatening to implicate him in false cases in 2007.

Rafik Abdul Rahman Kazi (39) of Kondhwa Khurd has lodged a first information report (FIR) at the Kadhak police station.

The police have charged Naik Dilip Vithal Mohite and head constable Farooq Babumia Shaikh under the Indian Penal Code (1860) sections related to kidnapping, criminal intimidation and extortion.

Kazi has alleged that on June 22, 2007, Mohite, along with four other police personnel, kidnapped him in the evening from his ‘Maharashtra Metal Shop’ in Ghorpade Peth and took him to various places in the city in their jeep.

“At night they took me to the crime branch located in the office of commissioner of police and told me that I have been found selling stolen scrap material. They threatened to implicate me in that case. Mohite called me the next day and allegedly demanded Rs1.60 lakh to settle the matter. However, he agreed for Rs1.35 lakh and I paid him the same. Mohite’s accomplice Shaikh took Rs1.20 lakh on June 29 -30, 2007, after threatening to arrest me,” the victim stated in his complaint.

Mohite was attached to the crime branch while Shaikh was working with its anti-dacoity cell.

Kazi added, “I recorded some of their conversation during this period and submitted the tape to the commissioner’s office. An RTI plea revealed that both of them were indicted in a departmental enquiry and suspension orders were served. But no concrete action was taken against them, and they were still serving in the police department.”

Kazi through his lawyers Debajyoti Talukdar and Nagma Tandon filed a criminal writ petition in the Bombay High Court in September 2010. A bench comprising justice AM Khanwilkar and justice AR Joshi heard the case on February 17. The court was informed on the instructions of additional commissioner of police (crime) that department will be registering an offence under IPC against the accused. The next date of hearing is on February 28.

Rs 50-500 bribe gets 7-year RI

Bhaskar Mukherjee, TNN, Feb 26, 2011,

HISAR: Justice is said to be blind. But 11 officials of Haryana Urban Development Authority (HUDA) and Dakshin Haryan Bijli Vitran Nigam (DHBVN) might feel it does not exactly prefer counting, as they were fined Rs 10,000 for taking bribes that ranged from Rs 50 to 500. Getting even stricter, district and sessions judge Baljeet Singh sentenced them all to seven-years of rigorous imprisonment each on Friday.

Two of those held guilty are women.

In April and May 2006 a team of four journalists headed by RTI activist Ramesh Verma had carried out a sting operation in HUDA's estate office as well as operations office of DHBVN. Through that, they exposed how these employees took bribes.

As the news appeared in print media, chief minister's flying squad took cognizance and a case under various sections of Prevention of Corruption Act was made out at Hisar police station.

All of the accused were arrested and made to face trial.

Some of the witnesses turned hostile during the DHBVN trial but strong documentary and circumstantial evidence resulted in Friday's decision.

"We recorded the whole episode through hidden camera. The two DHBVN employees are junior engineer Om Prakash Relan and assistant lineman Bhagat Ram, who accepted the bribe in cash," Verma said.

The convicted HUDA employees were identified as Jagmohan, Raj Rani, Om Prakash, HC Girdhar, Subhash, Baljeet, Madhu, Devi Lal and Jogi Ram.

Balraj, who is at large, is now a proclaimed offender.

The HUDA sting operation related to the transfer of a residential plot from one name to another.

Accused officials being protected by govt, alleges dead RTI activist's family

Kulsum Yusuf, TNN, Feb 24, 2011,

RAJKOT: Even three days after the death of an RTI activist, Jabbardan Gadhvi, the police are yet to arrest the government officials who were witness to his self-immolation and are charged with abetment of suicide. Gadhvi, 45, of Rapar in Kutch district ended his life when he failed to get information he demanded under the RTI Act.

He ended his life at the mamlatdar's office on Monday and the family members of Gadhvi feel that his life could have been saved had the government officials reacted in time. They have also accused the officials of instigating Gadhvi to commit suicide.

Following the unfortunate incident, five cops and the talati have been put under suspension and deputy collector was transferred with immediate effect.

The family members allege that the accused are being given protection by the police and are not being arrested. A case has been lodged with the Rapar police against PSI R G Parmar, mamlatdar A Zala, and talati of Dhavdi village Pravina Jadhav under Section 306 of the IPC.

Gandhidham SP Chirag Koradiya said that the information sought by Gadhvi was related to a land revenue case. "We have to check records from 1958 and collect proofs which is a very lengthy process," he said. He said the accused have been suspended and departmental inquiry is on.

According to police they have to collect the land records of the disputed case but surprisingly talati Pravina Jadhav, who is in possession of all the records, is missing. A case has been registered against her under Section 409 of the IPC.

Gadhvi's family is not happy with the progress in the case. "It's the third day since Gadhvi died and the accused are yet to be put behind bars," said Devdatt Payak, a cousin of Gadhvi. "We have already provided 102 pages of documents to the special investigation group formed to investigate into the case," he added.

The Gadhvi community is planning a rally to oppose the injustice done to Jabbardan Gadhvi. RTI activists are also expected to take part in the rally in Bhuj in the coming days .

Police book two cops after 10-yr slumber

Payal Banerjee; Friday, February 25, 2011,

The two constables had extorted money from metal trader Abdul Kazi for almost a decade. The high court had ordered a probe against the tainted cops

Giving a ray of hope to the harassed 39-year-old metal trader Abdul Rehman Kazi, the Pune police on Wednesday finally registered an FIR against two police constables Dilip Mohite and Farooq Shaikh on charges of extortion, kidnapping and criminal intimidation.

The Bombay High Court, in November last year, had sought a reply from the Pune police commissioner for not taking action against the two constables and ordered a probe against them for extorting money from Kazi, a resident of Kondhwa.

On February 17, the court in its listing had made a reference to the statement of Additional Commissioner of Police (Crime), who had said that the matter has been investigated and that the police would register an offence against the tainted cops. The Khadak police have now lodged a complaint against the cops under various sections of the Indian Penal Code.

A Right to Information (RTI) application moved by Kazi before the commissioner of police revealed that Mohite and Shaikh were found guilty in a departmental inquiry and suspension notices were served on them.

However, the department did not lodge an FIR against Shaikh, attached to the special branch and Mohite, who was still working with the headquarters. Kazi then moved the high court in September 2009 seeking action against the two constables.

Recounting his trauma, Kazi said “Mohite and Shaikh harassed me for money for nearly a decade. Initially, they extorted money from me but later they asked me to collect money from the shop-owners in Ghorpadi Peth Bazaar. They also made other demands failing which they threatened me with dire consequences.

I recorded some of the conversations I had with Shaikh in June 2007 and submitted the tape to the police commissioner’s office.”

“I am happy that my decade-long battle has yielded results. My case proves that the law enforcement agencies are accountable to people,” he said. Advocates Debajyoti Talukdar and Nagma Tandon are representing Kazi.

The next hearing has been fixed on February 28. Senior inspector GV Nikam said, “We have lodged an FIR against Shaikh and Mohite.”

► I am happy that my decade-long battle has proved that the law enforcement agencies are accountable to people - Abdul Rehman Kazi, harassed trader

Congress demands inquiry into Rapar self-immolation case

DNA; Thursday, February; 24, 2011,

Gujarat Congress on Wednesday demanded an inquiry by a sitting high court judge into the sensational case of self-immolation of an RTI activist in Rapar - Jabbardan Gadhvi.

The Porbandar MLA and former leader of opposition Arjun Modhwadia in a statement to the press alleged that theModi government is operated through remote control by land mafias. "We are making this allegation with evidence," he said.

"On Republic Day, officials in Rapar gave Gadhvi written assurance that documents and details about his land will be given to him as sought under the Right to Information Act. One month later, despite repeated entreaties that he will immolate himself if the documents are not given to him, Gadhvi burnt himself to death in front of officials in the Mamlatdar office in Rapar.

The victim had made numerous presentations to the CM and the local police and revenue department, but nothing was done. Instead his relatives were kept behind bars for three months, but none of the accused was apprehended," Modhwadia said.

Stating that the death of Gadhvi is nothing less than a shock, Modhwadia said that the farmer struggled on for four years and asked as why the CMO failed to act in time. "Why are they silent ? Narendra Modi should give a reply," he said.

Activist moves SIC as GMC PIO refuses information

TNN, Feb 25, 2011,

PANAJI: With the public information officer (PIO) of the Goa Medical College and hospital refusing to give information regarding Cipriano Fernandes' alleged custodial death, human rights activist Jowett D'Souza has approached the State Information Commission (SIC).

Despite an order passed by the appellate authority to furnish the information sought under the Right to Information (RTI) Act, the PIO has provided information to only a few of the 12 questions asked.

In his application before the SIC, D'Souza has said, "The information has been deliberately denied to protect the corrupt police officers who are in collusion with the doctors of Goa Medical College and hospital and want to cover up the wrong doings and their misdeeds from getting exposed to the public in the custodial death of Cipriano Fernandes."

D'Souza said information about Cipriano's admission and treatment at the hospital, his case papers, etc, have not been furnished.

"This act of the opponent is malafide and contrary to the provisions of the RTI Act 2005," he added in his complaint to SIC.

Congress disrupts proceedings

TNN, Feb 25, 2011,

AHMEDABAD: Congress MLAs on the first day of the state assembly's budget session disrupted governor Dr Kamla's speech on Thursday. They were protesting against the alleged failure of the state government to take action in an RTI activist's suicide case in Kutch.

As the governor stood up to deliver her speech, Congress MLAs started shouting slogans against the government. The MLAs demanded justice for RTI activist Jabbardan Gadhvi, 42, who had self-immolated outside the mamlatdar's office in Kutch on Monday.

When the MLAs refused to calm down despite the governor's request, she cut short her speech and placed it on the floor of the assembly. "We were expecting the governor to speak on measures against the deteriorating law and order situation in the state," said leader of opposition Shaktisinh Gohil.

Over 15,000 RTI appeals pending with information commission

New Delhi, Feb 25 (IANS)

More than 15,000 appeals under the Right to Information Act (RTI) are pending with the Central Information Commission (CIC), Minister of State in the Ministry of Personnel, Public Grievances and Pensions V. Narayanasamy told parliament Thursday.

Replying to a question in the Rajya Sabha, Narayanasamy said the average monthly receipt and disposal of appeals by the CIC was 2,300 and 1,965, respectively, during January to December, 2010.

'About 15,476 appeals and complaints were pending in the commission as on Jan 31, 2011,' he said.

He said the CIC had launched a special drive to dispose of appeals and complaints which were pending for more than three months.

RTI activist's killing sets off row in Rajya Sabha

New Delhi, Feb 25 (IANS)

Question hour in the Rajya Sabha ended five minutes before time Thursday following noisy scenes when a Congress MP alleged a Bharatiya Janata Party (BJP) leader in Gujarat was involved in the killing of RTI activist Amit Jethva.

Asking supplementaries on a question on the Right to Information (RTI), Congress MP from Gujarat Alka Balram Kshatriya alleged that a nephew of the BJP MP from Junagadh was involved in the killing of RTI activist Amit Jethva.

The allegation led to a huge uproar from opposition MPs. As the protests turned noisy, Chairman Hamid Ansari announced the question hour over at 11.55 a.m., five minutes before its usual time of 12 noon.

Amit Jethva was killed in July last year, a few days after he filed a public interest litigation (PIL) against illegal mining in the protected Gir sanctuary in Junagadh district. He had made Junagadh's BJP MP Dinu Solanki as one of the respondents.

Solanki's nephew Pratap alias Shiva Solanki has been named as one of the prime accused in the illegal mining in the Gir, the last habitat of the Asiatic lions.

'We used the RTI Act to expose several housing frauds'

Viju B, Feb 25, 2011,

Activist Simpreet Singh received the national RTI council award instituted by Arvind Kejriwal's Public Cause Research Foundation on behalf of the National Alliance for Peoples Movement (NAPM) which uses the RTI Act to expose fraud and misappropriation of public assets. NAPM used the RTI Act to investigate Adarsh, the tower meant for Kargil war widows, but usurped by state bureaucrats, politicians and defence personnel who had no role to play in Kargil. Singh spoke to Viju B about the scam:

How did you come to know that Adarsh towers were built illegally ?

Six years ago, when the Maharashtra government said they will convert Mumbai into Shanghai and began doling out land reserved for the poor and homeless to developers, we began looking into this issue. It began as a social movement, but we could not get enough information. We then used the RTI Act to expose several housing frauds related to the slum rehabilitation scheme where land meant to house slum-dwellers was grabbed by builders with political consent. We found out that construction of a building had begun at the Backbay Reclamation in Colaba where many defence personnel and state bureaucrats were members.

What was your next step ?

We filed about seven RTI queries, asking for details of file notings, sale of land and environmental clearances. The RTI queries were filed with the Mumbai collectorate, state revenue department, Mumbai Metropolitan Region Development Authority, state urban development and environment department.

What was the information you got ?

The RTI replies showed that the width of the road in front of the building was reduced from 70 metres to 19 metres. Though the area came under coastal regulation zone (CRZ)-1, it was changed to CRZ-2. The adjoining plot of Bombay Electric Supply and Transport (BEST) was used for granting additional floor space index. The building came without any environmental clearance and the then state urban development secretary P V Deshmukh used a communication from the ministry of environment and forests (MoEF) to show that Adarsh had its environmental clearance. The file notings also showed in chronological order how each minister and bureaucrat who got a flat in Adarsh was involved at some point or other in granting permits such as commencement and occupation certificates. The final list of 103 members showed that there were hardly any Kargil widows even amongst defence personnel who got flats.

How difficult was it to get information and how much did NAPM'S public interest litigation filed in 2010 help ?

We had to wait for almost six months to get RTI responses, though under the RTI Act it is mandatory that they reply within 30 days of receiving the query. Our PIL relied on the RTI replies. If it was not for the RTI Act we would not have been able to crack the Adarsh scam.

Do you think the demolition order of Adarsh by the MoEF was the right move ?

The demolition order acknowledged the fact that the building was illegal. We are happy about this. But MoEF is silent on the action to be taken against officials involved in the scam. The building did not come up on its own. Under Section 16 of the Environment Protection Act, department heads can be prosecuted for abetting a crime.

What other RTI successes has NAPM had ?

We exposed the environment violations committed by the Lavasa group while constructing luxury apartments in Pune. We also exposed how 350 acres of prime land meant for middle and lower-middle class housing was given to a builder in Powai for just 40 paise per acre. They were liable to pay Rs 2,000 crore, but the government levied a fine of just Rs 200 crore. The PIL on this is still pending.

Court orders FIR against Parsvnath Builders

Hindustan Times; Noida, February 24, 2011,

In an order passed on Tuesday, the additional chief judicial magistrate (ACJM) directed the police to file an FIR against Parsvnath Developers.

ACJM AB Singh passed the order because of an application filed by a man named Manish Mittal who said the flat that the builders gave him possession of was not like the sample shown.

However, till Wednesday evening, the police had not lodged the first information report. “We have not received the court order yet,” said Subhash Chand Tyagi, the in-charge at Noida Phase 2 police station.

According to Mittal, his flat in the builder’s Sector 93A was was not like the sample flat. When he filed an RTI application for information, the chief architect planner (CAP) refused to provide it. The court also made the CAP an accused.

Bhopal gas victims now turn guinea pigs

Subodh Varma, TNN, Feb 24, 2011,

The Bhopal Memorial Hospital and Research Centre (BMHRC) has pocketed over Rs 1 crore by allowing pharma companies to conduct clinical trials of drugs on its patients — victims of the gas disaster of 1984. Shockingly, out of the 7 trials carried out in the hospital since 2004, only one was inspected or monitored by the government watchdog Drug Controller General of India (DCGI). This was revealed in response to an RTI application filed with the DCGI by Hazra Bee of JP Nagar, Bhopal. Activists have been alleging that the hospital has been illegally carrying out drug trials but this is the first official confirmation of the fact.

This and several other instances of alleged corruption in the premier hospital were highlighted in a memorandum given to the V Narayana Sami, minister of state at the Prime Minister's Office in New Delhi by a delegation of Bhopal activists led by Brinda Karat, MP. Delegation member Sadhna Karnik Pradhan said that the minister assured that he would personally visit the hospital and then announce whatever measures are to be taken.

As reported earlier in TOI, private patients were being treated at the hospital using the smart-cards and identities of genuine gas victims. One such patient, Pawan Kumar Sharma was shown in hospital records to have had an angioplasty done whereas he had no such procedure done on him.

According to the details given to the PMO, "private" (non-gas victim) patients are treated in the hospital for certain fees while gas victims are supposed to get free treatment. So, is it not good that revenues are being generated for helping the gas victims, a kind of cross subsidy? A look at how the money is spent answers this reasonable question. The money received as fees from private patients is distributed in the following manner: the hospital gets about 34%, the department fund and employees' welfare fund get 8% each, and the balance 49% of the amount goes to consultants as their fees. In 2008-09, the consultants earned Rs 112 lakh, which went up to Rs 140 lakh in 2009-10.

Hospital staff also allege that there are huge scams in purchase of drugs and instruments. It is reported that since July 2010, Rs 5 crore worth of drugs and Rs 9 crore worth consumables have been purchased despite the hospital being now under the aegis of the department of atomic energy. The government had set up an empowered committee for the hospital headed by AP Joshi, additional secretary in DAE.

Meanwhile several hundred gas victims arrived in Delhi and held a dharna at Parliament to demand a CBI probe in the BMHRC functioning besides a fresh medical categorization in view of permanent disabilities suffered by over 5 lakh victims who still continue to be treated for the effects of the poisonous gas that escaped from the Union Carbide fertilizer factory on 2-3 December 1984.

Govt sniffed BPL card scam in 2007 it self .

Deccan Chronicle; Thursday February 24, 2011,

Feb. 23: The BPL card scam is getting murkier by the day. Documents accessed through Right to Information (RTI) Act has revealed that the Rs 2,000 crore scam could have been avoided if one senior IAS officer and then commissioner of the Food, Civil Supplies and Consumer Affairs (FCS) Department had acted promptly on the directions of the state government in mid-2007 itself.

Interestingly, even though then principle secretary of the department, Ms Tara Ajai Singh, clearly framed charges against a senior IAS officer, Mr B H Anil Kumar, her successor, Mr Madan Gopal, reversed the charges. Mr Madan Gopal succeeded her as principal secretary.

According to documents obtained through RTI, the state government had framed draft articles of charges against Mr B H Anil Kumar, former commissioner ofthe department, under All India Services Rules based on the findings of the Tara Ajai Singh report. In her letter to the government, Ms Singh pointed several irregularities committed by Mr Anil Kumar when he was commissioner. But, according to sources, charges were withdrawn in a very dramatic manner immediately after the elevation of Ms Singh.

According to the report, then minister for food and civil supplies, Mr Govind M Karjol, had also directed Mr Anil Kumar on March 17, 2007, to examine and take action in accordance with law regarding cancellation of the agreement entered with Comat, a private firm, and also to suggest alternate methodology for distribution of BPL cards. However, contrary to the direction, the commissioner directed the outsourced agency to continue with the pilot project.

In Bengaluru Informal Rationing area, the outsourced agency was entrusted with the same responsibility without government approval for which the company claimed Rs 1.17 crore. Ms Tara Singh pointed out that Mr Anil Kumar's letters were like ‘commitment letters’ which helped the company claim money from the government leading to serious suspicion on Mr Kumar.

Ms Singh, in her report, also stated that Mr. Kumar refused to hand over charge as directed by his superiors while proceeding on election duty. He was also accused of not obeying his transfer order and continued to hold charge.

Interestingly, according to the file noting, then minister Mr Govind M. Karjol and then Chief Secretary Mr P.B. Mahishi also approved action against Mr Kumar. But after the elevation of Ms Singh, the government withdrew all complaints against Mr Kumar.

Plug the hole in the bucket

Santosh Mehrotra, Feb 24, 2011,

Thanks to the Right to Information Act, 2005, and also the activism of NGOs and of the media, a culture of accountability is growing in the country. That is the good news. However, the media, NGOs and RTI activists can only do so much. They can focus the attention of the public and parliamentarians on egregious scams, but rarely address the systemic flaws that result in leakage of funds.

We have a long history of publicly funded welfare programmes. If programmes are well-designed, they will be more effective in reaching the poor and leak less. But most developed economies that have effective programmes that leak little also have a system which monitors, evaluates and redesigns programmes to improve effectiveness. The trouble is we do very little of the first two and so end up repeating past mistakes. All that happens is that the names of welfare programmes change when a new government comes to power - with very little fundamental change in programme design.

The classic examples of this problem of history repeating itself are all the wage-employment creating public works programmes that India has been famous for in development literature. We have had an over 40-year history of such programmes, but it was not until the National Rural Employment Guarantee Act in 2005 that we finally had a well-designed programme that reached the self-targeted beneficiaries, minimised leakage and has had a major impact. Prior to NREGA, we had a plethora of programmes that fed the contractor-petty bureaucrat nexus. They resulted in some infrastructure but neither generated the scale of employment that was needed, nor raised market wages in rural areas or stemmed large-scale migration as NREGA has succeeded in doing. It is not suggested here that NREGA has not faced leakage of funds - at times on a large scale - but these are largely the result of failures in implementation, not failures of design.

For failures of design to be discovered, there is a need for programmes to be monitored well - using an online, publicly available management information system (MIS) - so that they generate data that programme managers in central ministries can then use to provide feedback to the state governments implementing these programmes. However, of the 14 flagship programmes of the central government, only eight have a publicly accessible online MIS. Moreover, there are well-known issues about the authenticity of the data these MISs provide to the central line ministry. In addition, there are issues about the speed with which the data reaches the ministry from block level.

One outcome of this state of affairs is that the prime minister's office created a delivery monitoring unit in 2009 to run an MIS on the flagship programmes.

In any case, monitoring systems can only generate a limited amount of information on inputs (e.g. financial resources released and spent) or processes. An MIS gives the manager very little information about outputs (e.g. number of tanks constructed), let alone outcomes (e.g. quality of school learning). Those who implement programmes also need information on such indicators, especially to understand whether their programmes are having the outcomes originally desired. Even more importantly, they need rigorous evaluations once every few years (usually five years) to be able to check if the programme spending is having the desired impact.

However, we have only one organisation in the country that specialises in doing evaluations, the Planning Commission's Programme Evaluation Organisation (PEO). It used to have 15 offices around the country soon after it was created in the 1950s; that number is down to 10 even though government spending has gone on increasing, both in absolute terms as well as a share of the country's GDP. Since the number of staff in the PEO engaged in evaluations has been dwindling, most evaluations have been outsourced to NGOs or research institutions. They may or may not know the difference between regular social science research and a programme evaluation that is meaningful to policy makers or programme implementers.

State governments don't particularly seem to be interested in evaluating their own programme efficiency, and have not built up any capacity in the field of monitoring or evaluation. So we have a situation where a culture of acceptance of poorly designed or indifferently implemented programmes has thrived - a culture in which leakages of programme funds are also accepted as a given.

It is in this context that the central government announced the creation of an independent evaluation office in the president's speech to Parliament. The cabinet has just approved its creation. It has its task cut out. It will first have to ensure that monitoring systems are built up in every central government line ministry, and then in state government departments. It will then have to ensure that data collected through such monitoring systems are authenticated and validated so that they are reliable tools for management and more effective implementation of programme objectives. It will then have to develop training to build capacity to conduct evaluations generally, and impact evaluations in particular - since there is very limited capacity to conduct rigorous evaluations in the country.

Finally, and most importantly, it must take the lead in conducting evaluations itself, and encourage others to undertake such evaluations, especially of large-spending flagship programmes - so that the bad design of programmes can be discovered and flaws corrected, before funding is released the following year.

(The writer is director-general of the Institute of Applied Manpower Research.)