On-site mishaps a major cause of construction workers’ deaths.

Express News Service: Apr 28, 2011,

Ahmedabad Widowed with three children, Santha Mistry has for one and a half years eked out a living as a clinical trial volunteer at a hospital in the city, making anywhere between Rs 5,000 and Rs 10,000 every three months, depending on the drugs tested on her body.

Her new job was necessitated by the death of her husband in October 2009. He was a skilled construction labourer who fell from the second floor of an under-construction building in Amraiwadi.

At a public hearing on the eve of World Day for Safety and Health at Work, Mistry’s story was one of the several narrated by the relatives of workers who died on the job.

Many others were survivors of near-death experiences.

Rasika Sangada was buried alive under 15 feet of earth after the gutter she was lining on Sola Road collapsed on her. She had to be scooped out by an excavator, she said at the public hearing, flanked by her husband and her son, a toddler. But some like Kanodiben from MP were not so lucky. Buried under 20 feet of soil at a construction site four years ago, she is now paralysed waist down.

Replies to more than 30 Right to Information (RTI) applications filed by a construction labourers’ union show that 182 workers have died in on-site mishaps in Gujarat between 2008 and 2009 and as many as 160 have sustained serious injuries. Among the cities, Ahmedabad had the highest number of construction-site mishaps in these two years, with 83 dead or seriously injured in 76 reported cases, followed by Surat, Rajkot, Bhuj and Bharuch.

Vipul Pandya, general secretary of the Bandhkam Mazdoor Sangathan, said they began filing RTIs in the police stations about the on-site deaths a year ago because the data was not available with the state Labour Department. Besides, they also wanted to find out the causes of accidents so that workers could be trained and such tragedies avoided in the future, he said.

Data from the two years show that 51 per cent of the deaths occurred due to fall from heights, 16 per cent from objects that fell on the workers and 12 per cent from electric shocks. Six per cent of the deaths occurred after workers were buried alive by collapsing walls, and for the others, the cause of deaths remained unknown or unreported.

Of the 182 who died in Gujarat in the two years, about 150 were in their prime between 19 and 45 years of age and more than 90 per cent of the deceased were male.

PAC report: Rivals SP, BSP come to Congress aid.

The Times of India: Fri Apr 29 2011,

NEW DELHI: When Mayawati confidant S C Mishra escorted party MP Baliram to the doorstep of the PAC meeting on Thursday morning, it was clear that the understanding had been struck at the top. The seasoned Samajwadi Reoti Raman Singh too took a stand in sync with Congress.

The Uttar Pradesh outfits tilted the scales in the committee in favour of the government, in another instance of their bailing out UPA-2 in difficulty. Mayawati and Mulayam Singh Yadav's "help on demand" stance towards Congress has baffled observers given its stark contrast to the cut-throat competition between them in state politics.

Congress has rebuffed SP's hand for partnership against Mayawati and held out against taking it in government, while Rahul Gandhi only a day back embarrassed the BSP regime by filing an RTI seeking details of expenditure on the health sector to focus on the murder of two CMOs.

While the strange relationship has spawned many theories, the commonality of the voluble duo from the heartland facing CBI inquiries is seen as the reason for their playing footsie with the enemy.

SP and BSP, both supporting UPA-2 from outside, have long reasoned their partnership with Congress on "secular" politics. Reoti Raman Singh, despite the obvious help to Congress in PAC, stressed that his action was independent, telling TOI, "I don't approve of what the chairman did and what the Congress members did in the committee. I gave a separate letter to chairman M M Joshi with my own reasons against the rushing of the report."

Critics, however, claim otherwise. They said BSP and SP chiefs require help from the Centre to emerge from the corruption-related probes, citing the flip flop by prosecutors to buttress their claim. "It defies logic that Mulayam and Mayawati, who are so mutually hostile that they take opposite stands on every issue, should converge with such ease when Congress asks," a leader said.

The 2010 cut motions on budget by Left and BJP had UPA number-crunching amid optimism in the Opposition. SP and BSP threw their lot with the government, though with the minor divergence of one voting in its support and another walking out to reduce the Opposition strength. A furious Left bloc attacked Mulayam for his help to the government. BSP and SP stayed clear of the Opposition demand for JPC on 2G scam which killed the winter session of Parliament, in what was the main reason why UPA held out against the BJP-Left combo for so long.

Congress has ensured that it keeps its central politics separate from its state gambit. Clearly, Congress realizes that SP and BSP are backing the Centre without expectations of a return gift.

AG Kadam 'blocking' info, activist tells CIC.

The Times of India: Prafulla Marpakwar; Fri Apr 29 2011,

MUMBAI: RTI activist Dileep Nevatia has knocked the doors of the state chief information commissioner (CIC), Vilas Patil, after he failed to secure information from the office of advocate-general (AG) Ravi Kadam on complaints under the Maharashtra Vexatious Litigation (Prevention) Act, 1971 and the action taken by the AG on such complaints.

"The CIC has asked the AG's public information officer to remain present for the hearing on May 10," Nevatia told TOI. "It is unfortunate that the AG, who is also principal legal advisor to the state government, has not taken adequate steps for addressal of RTI queries by his office." According to law, a vexatious litigant is one who "habitually and without any reasonable ground institutes proceedings, civil or criminal, in any court, whether against the same person or against different persons". Such a litigant has to obtain the permission of the high court or the district judge to file a fresh case or continue with existing cases filed by him/her.

On October 7, 2010, Nevatia had approached the public information officer (PIO) of the law and judiciary department to seek information on complaints received by the AG's office on vexatious litigation, action taken by the AG on such complaints and total number of complaints against which the AG had dropped proceedings.

Information officer (law and judiciary department) Ganesh Bade informed Nevatia that his application had been forwarded to the AG's office and he should approach the AG for the information.

As there was no response from the AG's office, Nevatia filed first appeal as per the provisions of the RTI Act.

"I was surprised to find that no public information officer or appellate officer was appointed despite the fact that over five years have passed since the enactment of the landmark legislation. Needless to say, no public information officer was present during the hearing," he said.

Mrs U P Samant, who heard the appeal, informed Nevatia that the information sought by him was being collected as the records were not easily retrievable. "My complaint is that the AG's office has failed to comply with the provisions of the RTI Act despite there blithe time bound mandate to comply with his obligations,'' Nevatia pointed out.

Nevatia has urged the CIC to probe into the failure of the AG's office to comply with the RTI Act and impose a heavy penalty as per the provisions of the law for failure to provide the routine information sought by him.

There was no response either from the advocate-general or his office.

Rajasthan University fined Rs 10,000 for not giving information.

The Times of India: Jaipur; Fri Apr 29 2011,

JAIPUR: The Rajasthan Information Commission (RIC) has slapped a fine of Rs 10,000 on the Rajasthan University (RU) for not giving information to an application filed under the Right To Information (RTI) Act by Kamal Tonk, an activist of the Suchna Ka Adhikar Manch, Rajasthan.

Commissioner of the (RIC) T Srinivasan in his order dated April 6 states, "I find the Rajasthan University guilty for the delay in providing the information and impose a fine of Rs 10,000 on him. The said amount must be deposited within 30 days by demand draft to the secretary of the Rajasthan Information Commission."

"Moreover the university must within 21 days send the reply point by point and in correct words by registered post. Therefore, the appeal in this form is accepted," the order adds. In his application to the RU, Tonk had on March 18, 2010 enquired on what action had been initiated under Section 4 (1)(b) of the RTI Act. The Section 4 (1) (b) requires every public authority to publish within 121 days from the enactment of the RTI Act a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public.

However, when no information was forthcoming for Tonk even after a substantial period, he filed an appeal to the first appellate authority of the university. But even that failed to elicit a response. It was then that the second appeal was filed by Tonk to the commission.

In his order Srivivasan says that on July 2, 2010 a notice was sent to RU on the appeal against it but to no avail. Even a reminder was sent on September 13 but in vain and thereafter another registered notice was sent under Section (20) 1 of the RTI Act which was again not taken seriously.

"In the first hearing on February 3, 2011 the university was represented by Narendre Kumar Sharma who had been asked to be present for the second hearing on April 6, 2011 but it is clear that he is absent and as a result of his callousness the petitioner has been unable to get the information even today," he states.

Tonk has in his appeal to the RIC sought the required information while also wanting the university be punished for non-compliance of the Act.

DAV management can’t turn down RTI queries.

Indian Express; Jasneet Bindra: Fri Apr 29 2011,

Chandigarh : In a decision that will have a far-reaching effect on all DAV institutions in the state, a full bench comprising state information commissioners, Surinder Singh, PPS Gill and Kulbir Singh, ruled that DAV College Management Committee, Hoshiarpur, was a public authority and therefore covered under the RTI Act.

The bench directed the management committee to appoint a Public Information Officer (PIO), APIO, and the first appellate authority as per the RTI Act within 15 days, and send a copy of the order to the commission for record.

The decision was taken while deciding the case of Hoshiarpur resident AS Wadhawan. In September last year, the complainant had filed an RTI application in the office of the president of DAV College Managing Committee, Hoshiarpur, seeking information about four institutions: DAV College, DAV BEd College, DAV Higher Secondary School and DAV Parvati Devi College for Girls and School, all in Hoshiarpur.

The information sought concerned recognition and affiliation to these institutions, details of rooms and playgrounds, income, receipts and rent received from shops attached with these bodies and property tax paid by each shop.

The respondent argued that DAV College Managing Committee was a private body and not under the RTI Act. However, the bench said even a non-government organisation substantially financed by the government was a public authority. “There is no doubt that the DAV College Managing Committee, Hoshiarpur, is a non-government organisation. However, it is not disputed that all the institutions about which the information is sought are state-aided. So, the respondent managing committee would be a public authority, if the information sought is in its custody or control,” the commission said.

The commissioners said they agreed with an earlier single bench judgment of the panel, which stated, “DAV College Management Committee is a controlling authority set up by the DAV College, Hoshiarpur, to administrate various educational institutions owned and run by it... A feeble attempt made by respondent to submit that the managing committee is a separate entity from the college is without any basis.”

Directing the respondent to supply information within 30 days, the bench said after appointing designated officers under the RTI Act, the respondent should intimate the cost of documents to the complainant. And after the information-seeker deposits the requisite charges, the management committee would be duty bound to supply duly authenticated information, the panel observed and closed the case.

Kanimozhi won't disclose her I-T info.

The Times of India; Fri, 29 Apr 2011,

CHENNAI: After chief minister M Karunanidhi, Union ministers Dayanidhi Maran and P Chidambaram and spectrum scam accused A Raja, Karunanidhi's daughter and Rajya Sabha MP Kanimozhi has objected to the disclosure of her tax returns by the income tax department under Right To Information Act.

V Gopalakrishnan, an activist in KK Nagar, filed an RTI application with the income tax department last month seeking copies of Kanimozhi's returns for five years from 2006-07 to 2010-11.

On April 1, the public information officer of the department sent a letter to Kanimozhi who was recently included as an accused in the spectrum scam. She gave her response to the official, strongly objecting to the disclosure of her IT returns to the RTI applicant.

In her April 8 communication, she said: "Income tax returns are confidential documents and they cannot be disclosed to a third person. Right to information cannot be at the cost of one's personal liberty and right to life guaranteed under Article 21 of the Constitution of India.''

Stating that section 138 of the Income Tax Act prohibited the disclosure of IT returns unless there was a public interest involved, Kanimozhi said she had submitted her property details along with her nomination when she contested Rajya Sabha elections. These details were required by the Election Commission of India and were available on the website, she said.

Accepting her objection, the I-T department rejected Gopalakrishnan's RTI application.

In his reply, dated April 21, the public information officer said: "Information sought for by the applicant is personal information of a third party and the disclosure of which has no relationship with any public activity or interest.''

The applicant could file an appeal before the income tax department's appellate authority against the rejection of the RTI application, the official said.

Kanimozhi had requested the department to give her a copy of the application filed by Gopalakrishnan, to know the grounds of public interest on which the information was sought for. The official, however, said there was no need give a copy to her. "It is suffice if the third party (Kanimozhi) is informed about the information sought for by the applicant,'' the official said in his order.

राहुल गांधी बने आरटीआई एक्टिविस्‍ट, मांगा यूपी का विवरण.

Oneindia Hindi; लखनऊ; गुरूवार, अप्रैल 28, 2011,

सत्तारूढ़ बहुजन समाज पार्टी पर अलग तरह से वार करते हुए कांग्रेस महासचिव राहुल गांधी ने सूचना के अधिकार का प्रयोग करते हुए एनआरएचएम में हुए घोटाले की जानकारी मांग ली। जन सूचना अधिकारी को प्रेषित पत्र में श्री गांधी ने पूछा की जो धनराशि केन्द्र से आ रही है उसे किस प्रकार खर्च किया जा रहा है। इतना ही नहीं उन्होंने लोगों की शिकायतों के मद्देनजर भी मिशन अधिकारियों से जनहित में जानकारी दिए जाने की मांग की।

बहुजन समाज पार्टी एवं कांग्रेस में बीच चल रहे राजनैतिक युद्ध में आए पार्टी महासचिव ने राष्ट्रीय ग्रामीण स्वास्थ्य मिशन की ओर से हमला बोल दिया। राहुल गांधी राष्ट्रीय ग्रामीण स्वास्थ्य मिशन कार्यालय पहुंचे तथा जन सूचना अधिकारी कार्यालय में सूचना अधिकार के तहत एक पत्र लगाया। गौरतलब है कि राष्ट्रीय ग्रामीण स्वास्थ्य मिशन में केन्द्र से आयी धनराशि में गडबडी की बात राज्य सरकार भी स्वीकार कर चुकी है ऐसे में श्री गांधी के पत्र ने अधिकारियों की नींद तो हराम की ही है साथ ही सत्ता को भी हिला दिया है।

श्री गांधी दल बल के साथ अचानक मिशन कार्यालय पहुंच गए कार्यालय पहुंचकर उन्होंने अधिकारियों व कर्मचारियों से बात की तथा सूचनाएं एकत्र करने का प्रयास किया। महत्वपूर्ण जानकारियां न मिलती देख उन्होंने प्रदेश कांग्रेस अध्यक्ष रीता बहुगुणा जोशी से अपील की कि वे औपचारिकताएं पूरी कर सूचना अधिकार के तहत पत्र प्रेषित करें ताकि एक माह के भीतर उन्हें जनहित से जुड़ी सभी बातों की जाकनारी मय दस्तावेज मिल सकें। श्री गांधी ने कहा कि ग्रामीण स्वास्थ्य मिशन के लिये भेजी गयी राशि में गड़बड़ी की जो शिकायतें मिल रही हैं उनकी विधिवत जांच होगी।

वे परिवार कल्याण विभाग के मुख्‍य चिकित्सा अधिकारी रहे डा. बीपी सिंह के आवास गये तथा परिवार वालों से मुलाकात की। ज्ञात हो कि डा. सिंह की हत्या गत दो अप्रैल को की गयी थी और कहा जा रहा है कि उनकी हत्या की वजह विभागीय गड़बड़ी हो सकती है। श्री गांधी डा. सिंह के परिजनों को आश्वासन दिया कि उनके हत्यारों को जल्द से जल्द पकड़ा जाएगा तथा केन्द्र सरकार इसमें पूरा सहयोग करेगी। कांग्रेस महासचिव ने रायबरेली में बन रहे राजीव गांधी पेट्रोलियम संस्थान का भी मुआयना किया।

Video conferencing facility launched at info commission.

Times of India; Thursday, 28 Apr 2011,

CHENNAI: A video conferencing facility was launched at the Tamil Nadu Information Commission on Wednesday.

According to an official release, state chief information commissioner KS Sripathi commissioned the system by holding hearing on petitions filed by right to information applicants in Kanyakumari district.

The facility, which was to be launched in 2009, will soon be extended to other districts, the release said.

The video conferencing system is expected to gladden RTI applicants in other places who had to come to Chennai to attend the hearings at the commission. On its part, the commission often conduct sittings at other districts to dispose of pending appeals.

BJP files RTI on funds use.

Calcutta Telegraph; Thursday, 28 Apr 2011,

Shillong, April 27: The Meghalaya unit of the BJP today sought information through the Right to Information (RTI) Act, 2005, on the slow processing of certificates for Other Backward Classes (OBCs) and Scheduled Castes (SC) by the state government.

“Smelling a rat” in the utilisation of funds meant for the OBCs, Scheduled Castes and minorities in the state, BJP general secretary Dipayan Chakraborty said, “We feel minorities in Meghalaya are being taken for a ride and the schemes are not being implemented by the Congress-led government. Similarly, it is not seen where the state government spends the central funds meant for OBCs and Scheduled Castes.”

Chakraborty, who was seeking information from the public information officer of the social welfare department, wanted to know about the number of certificates and the total amount of funds procured in the past five years from the Centre.

Elaborating, the BJP leader questioned the amount of funds that was utilised in the past five years for the welfare of the OBCs, Scheduled Castes and minorities in the state.

He also wanted details about the schemes under which the funds were utilised.

Raja refuses to disclose I-T details under RTI.

The Times of India; Chennai; Jeeva; Thursday, 28 Apr 2011,

CHENNAI: Former union telecom minister A Raja, who is in Tihar jail in the spectrum scam, has objected to the disclosure of his tax returns by the income-tax department under the Right To Information (RTI) Act.

Acting on his objection, the department has rejected the RTI application filed by V Gopalakrishnan, an activist in KK Nagar. Gopalakrishnan, in his application dated March 15, 2011, asked the department to furnish the copies of income-tax returns of Raja for ten years from 2000-01 to 2010-11.

The public information officer (PIO) of the Trichy income-tax office sent a letter to Raja on April 5, calling for his objections, if any, in furnishing the copy of his income-tax returns to the applicant. In response to the communication, Raja's representative S Muthukumarasamy sent a reply saying, "The personal details of income-tax returns and other details are exempted from disclosure under section 8(1)(j) of the RTI Act. The details called for are not eligible to be issued under the RTI Act." He also quoted two decisions of the Central Information Commission (CIC) delivered in July 2006 and February 2007 in support of his objection.

On his part, Gopalakrishnan mentioned in his application a 2009 decision of the CIC arguing that the income-tax returns should be disclosed under the Act. The PIO in his RTI reply said there was no public interest involved in the disclosure.

Stating that he had sought for Raja's objection as per section 11 of the Act since the applicant had sought for a third-party information, the PIO said: "I am not satisfied that the larger public interest justifies the disclosure of the information sought for by the applicant. Accordingly, I decline to furnish the information."

In the case of deputy chief minister MK Stalin, whose income-tax return copies were also sought for by the applicant for the years 2006-07 to 2010-11, the PIO of Chennai income-tax office rejected the application without even calling for Stalin's objections.

"You (the applicant) have not made out any case in the larger public interest. I am satisfied that the disclosure of such information is not in any public activity or interest," the PIO said.

On Tuesday, TOI reported the objections raised by chief minister M Karunanidhi, Union home minister P Chidambaram and Union textile minister Dayanidhi Maran to disclose their income-tax returns under the RTI Act. Following their objections, the income-tax department rejected the RTI queries seeking their IT-returns.

राहुल ने स्वास्थ्य मिशन से हिसाब मांगा.

बीबीसी हिन्दी ; रामदत्त त्रिपाठी; लखनऊ; Thursday, 28 Apr 2011,

बुधवार को कांग्रेस महासचिव राहुल गांधी अपने लोक सभा क्षेत्र अमेठी के दौरे से लौटते समय अचानक लखनऊ में राष्ट्रीय ग्रामीण स्वास्थ्य मिशन के राज्य कार्यालय पहुंच गए. उन्होंने पिछले पांच साल में इस मद में केंद्र सरकार से उत्तर प्रदेश को मिले धन का हिसाब माँगा.

राहुल गांधी ने स्वास्थ्य मिशन कार्यालय से कई जानकारियाँ मांगी. इसके अलावा प्रदेश कांग्रेस अध्यक्ष रीता जोशी की ओर से जन सूचना अधिकार क़ानून के तहत पिछले पांच सालों में प्राप्त धन और ख़र्च का जिलेवार हिसाब भी माँगा गया.

ग्रामीण स्वास्थ्य मिशन में जननी सुरक्षा,रोगी कल्याण, दवाओं की खरीद, ग्रामीण स्वास्थ्य एवं स्वच्छता और प्रचार- प्रसार के लिए बड़े पैमाने पर रुपया आता है.

पिछले वर्ष इस योजना में उत्तर प्रदेश को 1800 करोड़ रूपए मिले थे. राहुल गांधी लगभग आधा घंटे कार्यालय में रहे. इस बीच बड़ी संख्या में पत्रकार और लोग वहाँ पहुँच गए.

चलते चलते पत्रकारों से बातचीत में राहुल गांधी ने कहा , " उत्तर प्रदेश में ग्रामीण स्वास्थय मिशन कार्यक्रम में मिलने वाले धन का सही उपयोग नहीं हो रहा है. इसीलिए मैं यहाँ आया हूँ और जन सूचना अधिकार क़नून के तहत जानकारी भी मांगी गई है."

घोटाला:

उत्तर प्रदेश सरकार खुद मान चुकी है कि इस इस योजना में प्राप्त धन में बड़े पैमाने पर घोटाला हुआ है.

माना जाता है कि इसी घोटाले के चलते उत्तर प्रदेश में पिछले कुछ सालों में ऊँचे पदों पर रहे पांच बड़े डॉक्टरों की हत्या हो चुकी है.

हाल ही में लखनऊ में परिवार कल्याण के मुख्य चिकित्सा अधिकारी डाक्टर बीपी सिंह की हत्या इसी की कड़ी है.

हत्याकांड के चलते मुख्यमंत्री मायावती ने अपने दो कैबिनेट मंत्रियों से त्यागपत्र लिया था और विभागीय प्रमुख सचिव का तबादला कर दिया था.

डॉक्टर बीपी सिंह की ह्त्या के बारे में पूछने पर राहुल गाँधी ने कहा , "यही चिंता है. यहाँ धन का गबन हो रहा है. इसलिए हम जानना चाहते हैं कि पैसा कहां जा रहा है और उसका क्या हो रहा है."

बाद में राहुल गांधी डॉक्टर बीपी सिंह के घर गए और परिवार वालों को सांत्वना दी. परिवार के लोगों ने हत्याकांड की सीबीआई जाँच की मांग दोहराई.

राहुल गांधी ने कहा कि अगर राज्य सरकार इसकी संस्तुति करती है तो वह केंद्र से सीबीआई जांच मंजूर कराने में मदद करेंगे.

Rahul Gandhi Turns RTI Activist to Know NRHM Details.

ABC Live; Deepak Misra; Thursday, 28 Apr 2011,

Lucknow (ABC Live): Congress general secretary Rahul Gandhi has become RTI activist on Wednesday when he filed a RTI application in National Rural Health Mission (NRHM) head office seeking information of NRHM details.

It is to mention that UP congress Party is agitating for CBI inquiry into the murder of chief medical officer (family welfare), Dr B P Singh linking to NRHM and now with Rahul Gandhi coming as RTI activist has boosted their morale hingh on the issue.

Information and conformation to this effect was made by deputy director general, NRHC, Dr Anil Kumar Mishra that Congress general secretary learn the process under RTI and UPCC president Rita Bahuguna Joshi under direction of Rahul Gandhi signed RTI application seeking detail information of NRHM implementation in the state of Uttar Pradesh.

200 illegal mobile towers put thousand lives at risk.

Mid-Day; Harneet Kaur Bhusari; Wednesday, Apr 27, 2011,

Civic body aware of illegal towers in Ulhasnagar, awaits HC order to take action against offenders.

Around 200 mobile towers sitting pretty on the terrace of several Ulhasnagar buildings, posing health hazards to lakhs of residents, are illegal, but the UMC authorities can do little to remove these dangerous frames. The civic body officials are pleading helplessness in removing these towers as the body lacks power to take action against the offenders. "The civic body has not given permission to a single tower situated in Ulhasnagar, so all the towers installed in the area are illegal," said UMC's health department official S Pawar.

Hardeep Gill, a resident of Guru Gobind Singh Apartment that has an illegal tower perched on his rooftop, said they have been requesting the UMC officials to remove the tower, which was causing health hazards to people and shortening the life span of the building as well.

According to Prem Jha, an RTI official in Ulhasnagar, "If these mobile towers were granted permission as per the rule, the UMC coffers would have been filled from the crores of rupees collected from the service providers. Instead, several UMC officials and local public representatives conniving with the companies are pocketing the amount now."

Asked why the illegal towers have not been removed yet and no action taken against the offenders, Ashok Kumar Rankhamb, the UMC commissioner, said, "We don't want the people and the service providers to face problems, hence we aren't taking any action. We have sent a letter to the High Court on April 20 seeking orders to demolish these illegal towers. We are waiting for the reply. As and when we get the order, we will take action immediately."

According to sources, the UMC officials pocket around Rs 2 lakh from each tower. But Dipak More, UMC officer of camp 4, rejected the claim outright. "There is no nexus working here. Those who are spreading the rumours must be the ones pocketing the bribe, if at all it is there," he said.Asked where the money earned from these towers goes, the UMC commissioner retorted, "We have no clue where it goes," and walked out of his office in a huff.

Assistant UMC commissioner Vinod Dawre, who presented a list of 200 illegal mobile towers in Ulhasnagar, said, "We know all of these are illegal, but we don't have the authority to take any action against the offenders."

Concerned about the health hazards caused by the mobile towers, residents are up in arms and want these towers removed at the earliest.

Smith Khaneja, an architect and resident of Shiv Shakti Apartment that has an illegal mobile tower, said, "You cannot do much if there is already a mobile tower on the roof of your own apartment or a nearby building, except getting the building assessed by an engineer for safety. And in case it is found that the building is not capable of taking the load of the telecommunication towers, the structures should be relocated immediately to safeguard the lives of people. Before the installation of a mobile tower on your roof top, make sure that the required safety measures have been taken."

The Other Side;

Manoj Desade, a Reliance service provider in Ulhasnagar, said, "We have papers showing our towers are legal. We have been operating these towers for around seven years. No body complained all these years. I don't know what the society and UMC people want but we won't allow them to dismantle the towers just like that."

Realtor returned favour to former CJI, says CBI.

Nagendar Sharma, Hindustan Times; New Delhi; Wednesday, Apr 27, 2011,

A real estate developer who allegedly benefited from the sealing orders passed by former Chief Justice of India YK Sabharwal during his tenure, returned the favour with an investment of Rs 1.5 crore in the company owned by Sabharwal's sons, the CBI has concluded in its status report.

In its detailed report provided to the Central Vigilance Commission (CVC), the investigating agency has stated that its conclusion was based on the report received from the Income Tax (IT) department.

The CVC has made the CBI status report against Justice Sabharwal in response to a Right to Information (RTI) query from Delhi-based activist, Subhash Chandra Agrawal.

Of the six main allegations levelled by the judicial accountability activists, the CBI has referred two of them to the IT department for further action and has filed a chargesheet in the Noida plot allotment case in the Ghaziabad special court.

The CBI, which had earlier refused to furnish information under RTI, has also stated that it since it had taken a decision regarding each of the allegations “hence no actions remain to be taken on the complaint.”

In a point-wise reply to the complaint filed by lawyer Prashant Bhushan, the CBI has pointed out that it did not have the powers to probe the alleged linkages between the judicial decisions of a judge with the business transactions of his sons.

On the charge that a real estate developer gratified his sons by investing in their company, the CBI stated : “The matter was referred to the Income Tax department and the investment of R1.5 crore was established. Funds for investment by Pawan and Chetan Sabharwal arranged by withdrawal from the bank.”

On the issue of allotment of a residential plot for the daughter-in-law of Justice Sabharwal in Noida in 2005, the CBI has stated that a chargesheet had been filed.

The IT authorities have also been asked to follow-up on how a loan of R14.92 crore was raised to purchase property in Maharani Bagh.

Adyar River in distress .

Express Buzz; Gokul Chandrasekar; Wednesday, Apr 27, 2011,

CHENNAI: The New Indian Express, in its Tuesday issue, had exposed the violation of CRZ rules by private parties, as they attempted to change the course of the Adyar River for their gains, but the problem is only a tip of the iceberg. Massive development activities are underway across the river’s course and in close proximity of the sea that are complete violations of the Coastal Regulation Zone (CRZ) Rules of 2011.

The construction of the proposed three-lane Adyar Bridge over the river, adjacent to the present Thiru Vi Ka Bridge, for instance, was happening without a CRZ clearance. To an RTI query addressed to the highways department asking if they had obtained the CRZ clearance to build the bridge, the department had replied that no CRZ clearance was necessary to modify existing structures. “CRZ allows modification of existing structures only on the landward side and not on the seaward side, as they are constructing right now. But in the first place, they have not even applied for a CRZ clearance, let alone the construction be right or wrong,” says Nityanand Jayaraman, who filed the RTI.

As a part of the construction, numerous sand bags have been dumped across the river to restrict the flow of water causing stagnation. Situation further worsened when the sand bars formed on the mouth of the river reduced the flow further and the recent bout of rains increased stagnation.

“We’ve received complaints of water stagnation and associated stench and mosquito problem along the course of the river. We’ve already desilted the mouth of the river and have also initiated other measures to ease the water flow,” said a senior PWD official to the City Express.

Standing over the broken bridge, one can see that significant land reclamation activity had been carried out on the northern bank of the river adjacent to the Chettinad Palace by unidentified agencies. Land reclamation of any kind was prohibited under the CRZ rules unless it was meant for any foreshore facility, that too only after conducting a scientific study and carrying out an Environment Impact Assessment (EIA).

Land reclamation had been prohibited by the rules as literature stated that it posed a greater threat to the environment, because it damaged the natural habitat of marine animals and plants, blocked estuaries and caused flooding in coastal areas.

While eco-groups like Save Chennai Beaches Campaign and government agencies like the Adyar Poonga Trust and PWD have been taking significant measures to improve the quality of the Adyar Estuary and the surrounding ecosystem, lax implementation of CRZ rules were rendering their efforts futile.

RIE mired by irregularities in tender sanctions.

Times of India; Wednesday, Apr 27, 2011,

AJMER: Union HRD minister Kapil Sibal's promise to provide quality higher education down to the rural areas was a contrast to the number of anomalies recently unearthed in the Regional Institute of Education, Ajmer also run by the Union ministry.

The police has seized documents related to purchase and contract agreements, and has started a probe into the alleged irregularities as per the direction of the Central Vigilance Department.

"The purchase of furniture and other items were done illegally as proved by the documents sought under the RTI," said Saurabh Bajad, Congress spokesperson in Ajmer.

Bajad took the matter to the chief vigilance commissioner (CVC) and submitted the documents demanding a probe into it. "There were anomalies even in the contract of recruiting bus services in the institute. The institute had floated a tender for 52-seather buses, but the contract was given to 24-seaters on the same rates," added Bajad.

The CVC directed the DGP to investigate the allegations. Deputy SP Yogita Meena has seized the concerned documents of the institute and asked its purchase in-charge Bhanwar Singh to report to the police. "According to the preliminary investigation, Bhanwar Singh is responsible for irregularities in sanctioning tenders," an official source said.

The irregularities were revealed when NCERT director Ragvindra visited the campus sometime ago. The staff demanded to know why the budget for repairing the building and purchasing furniture was not sanctioned. "As per initial probe, the irregularities are worth Rs 50 lakh," Bajad added.

The institute was opened in 1962 by HRD ministry as a cell of NCERT to produce quality teachers. It also runs courses like BSc, BEd for KVS and CBSE schools. K B Rath, principal of RIE however, chose not to comment on the issue.

DMK govt brought 10L under pension scheme.

Times of India; Julie Mariappan; Wednesday, Apr 27, 2011,

CHENNAI: For the last five years during its tenure, the DMK government had been assiduously cultivating a key votebankthe state's senior citizens. If the numbers in an RTI reply from the state revenue department are any indication, the current DMK government has enrolled more than 10.45 lakh people under various pension schemes in the last five years up to March 2010. Whereas, during the previous AIADMK regime, the department could enrol only 63,107 beneficiaries under various pension schemes.

In his reply to V Gopalakrishnan of Federation of Anti-Corruption, the public information officer of the revenue administration department said that more than 8.94 lakh beneficiaries were included during the five years in the three Central assistance schemes, where the cost incurred is shared by both the Centre and state. Of the three Central assistance schemes, Indira Gandhi National Old Age Pension Scheme tops the list with 5.1 lakh beneficiaries, with a majority of them in Chennai (1.09 lakh) and Vellore (1.06 lakh).

About 30,859 widows and 3.4 lakh disabled people were enrolled in new schemes like Indira Gandhi National Widow Pension Scheme and Indira Gandhi National Disability Pension Scheme introduced by the Centre in February 2009. Districts like Chennai, Vellore, Salem, Tiruvannamalai, Villupuram, Kancheepuram, Krishnagiri, Tiruchi and Tiruvallur recorded a high number of beneficiaries.

However, the high enrolment numbers have caused concerns. Devi, a CPM councillor, said, "There is a need for an inquiry to find out how many cases are genuine and that the rich have not enrolled in the schemes." She alleged that many genuine cases were overlooked by officialdom. "Eligible individuals were not considered by officials despite possessing valid proofs for disability and widow pension and voter's identity card for old-age pension," she added.

The official records claim that the DMK government has increased monetary assistance to pensioners from Rs 400 to Rs 500 from December 2010, benefiting 9,98,187 pensioners under the Indira Gandhi National Old Age Pension Scheme and State Old Age Pension scheme, 93,470 differently-abled destitute persons, 1,13,945 deserted wives, 3,70,425 destitute widows and 3,00,007 destitute agriculture labourers. The government also offers monthly assistance of Rs 500 to 14,270 unmarried women above 50 years of age who are unable to work.

In all, a sum of Rs 4,251 crore has been spent for the social security scheme during the tenure of the DMK government. If the 2010-2011 budget allocated Rs 1,002 crore for the pension schemes, the interim budget presented by finance minister K Anbazhagan, announced an allocation of Rs 1,421 crore in the current fiscal. "With the money being spent to disburse pension through the postal department running into crores, there is a need for scrutiny of beneficiaries to keep ineligible individuals from the list," Gopalakrishnan said.

Haryana babus don’t care a fig about filing property returns.

Indian Express; Jasneet Bindra; Wednesday, Apr 27, 2011,

Chandigarh : While the service rules make it mandatory for all IAS, IPS and state services officers to file their annual property returns (APRs), bureaucrats in Haryana have been flouting the rules with impunity.

A reply to an RTI application provides a list of 35 defaulter HCS officers, 28 of whom have not filed returns ever since they joined service, while others have quite an irregular record. The list also includes name of BR Beri, OSD to the chief minister, who has not filed returns since 1994, the year he joined office.

The RTI application was filed by Hisar-based activist Ramesh Verma, who sought details of IAS, HCS and IPS officers whose APRs are pending.

The IAS officers are not far behind in laxity. The list of 17 defaulter officers is led by Praveen Kumar, whose APRs are pending for 23 years (from 1986 to 2009). He is followed by D Suresh Kumar and Dr G Anupama, both of whom have not filed their returns for 17 years (from 1992 to 2009).

About the IPS officers, the general administration branch of the Haryana DGP provides a list of 37 officers who had not filed their returns for 2008 and 2009. Of these, 20 have not filed APRs for both the years, while 17 have not done it for either of the two years.

The RTI reply states that all HCS officers are required to file their property returns as per Rule 13.1 of the Government Employees Conduct Rules. They are required to submit details of immovable and movable property owned, inherited or acquired by them or their spouses or any other family member, besides inform about shares, debentures, cash, debts and other liabilities. A column in the self-appraisal of their ACRs contains a proforma in which they are required to fill in these details.

Interestingly, to a query in the application on what action has been taken against the defaulters, the PIO of the Services-IV Branch says this information cannot be provided as the question is hypothetical in nature. However, the reply mentions that defaulters are issued regular reminders.

Verma, who has also won National RTI Award instituted by Public Cause Research Foundation, had filed the application in June last year and had to knock at the doors of the Haryana State Information Commission to get a satisfactory reply. His case was heard in March this year in the court of CIC Meenaxi Anand Chaudhary, after which he got the complete record.

Asserting that every government servant has to file APRs, Anurag Agarwal, Special Secretary, Personnel, says, “From this year, we have started issuing notices to defaulter officers, and disciplinary action will also be taken against them. Besides, an entry will be made in their annual confidential reports that will have details of the missing APRs,” he says. Claiming that the problem was not grave in case of IAS officers, he says there may be instances of delay by a few months. “But we will ensure that they are also regular in future. In fact, the government of India has clarified that non-filing of returns will impact their promotions,” he says.

About the IPS officers, Principal Secretary, Home, Samir Mathur, says, “We will review the cases of officers who have been irregular with APRs and then take action as per service rules.”

KEY DEFAULTERS:

HCS officers;

Narender Singh, Anita Yadav, SS Ghoswal, VS Hooda, AS Mann, Arvind Malhan, Pushpender Singh, BR Beri, JP Thaman, Roop Singh, Monica Malik, Shiv Parshad, Aurbind Sharma, Munish Nagpal, Mahabir Prasad, Vatsal Vashisht, Satbir Singh Jangu, Narinder Singh Yadav, Ashwani Kumar, Bir Singh Kalirawana, Subhash Sheoran, Sushil Kumar, Anurag Dhalia, Manjit Singh, Subhash Chander Gaba, Sant Lal Pachar, Subhash Chander Sihag, Yogesh Kumar Mehta. Other defaulters in the HCS category include Mahender Singh Yadav, Dharam Pal Singh, RS Verma, Surjit Singh, Virender Lather, Rajesh Jogpal and PD Verma.

IAS officers;

Praveen Kumar, Dr G Anupama, D Suresh Kumar, Balraj Singh, Madhu Sudan, Surina Rajan, Mokhitan, RK Khullar, Saroj Siwatch, SK Joshi, RK Rao, RP Bhardwaj, Chander Prakash, Risal Singh Khara, Vijayender Kumar, Rakesh Gupta, Pradeep Kashni.

IPS officers;

Brijinder Rai, Alok Joshi, Rajeev Sagar Sharma, PK Mehta, Mohinder Singh Mann, Sheel Madhur, RC Jowel, Dr BK Sinha, Manoj Yadav, Manjit Singh Ahlawat, Balbir Singh, Raghbir Singh, Sat Prakash, Rajinder Singh (1996 batch), Rajinder Singh (2000 batch), Sanjay Kumar, Vikas Kumar Arora, Saurabh Singh, Naazneen Bhasin and Hamid Akhtar.

Ticket collector forges certificates to be a boxing coach.

NDTV.com; Wednesday, Apr 27, 2011,

Mumbai: Sportsmen are said to be fighters. But proving this wrong, Chunnilal Gupta (35), a Central Railway (CR) employee, allegedly forged dozens of certificates and collected numerous counterfeit medals, in order to gain entry into a training programme to become a coach, at the Netaji Subhash National Institute of Sports (NSNIS) in Patiala.

An RTI investigation on the matter is underway.

On April 6, 2011, a close colleague of Gupta, who has requested anonymity, registered a complaint with the divisional sports officer, CR. A copy of this complaint has been obtained by MiD DAY. According to the complaint, Gupta submitted false certificates for gaining admission at NSNIS, forging all the documents necessary. This is proved by the fact that the handwriting in all the certificates is his own. According to the complaint, CR had recruited Gupta as a ticket collector. He soon realised, however, that it would take him inordinately long to climb the ladder of success, and decided to take the underhand route instead. He made up his mind to become a coach.

The first step was to obtain certificates, so CR would recommend him to NSNIS. This hurdle was easily overcome, forgery providing a simple solution. An RTI enquiry has revealed that Gupta not only forged documents, but also produced counterfeit medals that he had never won. So getting the railway authorities to recommend him, he managed to gain admission at NSNIS. Gupta is now in the process of taking a nine-month-long course that trains boxing coaches at NSNIS. The course is due to be completed in July. "What Gupta failed to realise is that there are not many eminent boxers across the country, and when it comes to the boxing arena, everybody knows who is who," said a Central Railway boxer.

Gupta claimed that he had participated thrice at the All India Inter University Boxing Championship, being placed third in the competition in 1995 at Udaipur. But the RTI enquiry has revealed that Gupta participated only twice, without winning a single medal. Gupta claimed that he had participated in the Junior National Boxing Championship and had represented Maharashtra four times at the Senior National Boxing Championship, where he won a bronze medal in 1997.

He claimed that he also got a bronze medal in the Ambala National Boxing Championship, held in 1998. But when the facts were being verified, the Maharashtra Boxing Association said that Gupta had never represented the state at any national level boxing championship. The documents have been obtained by MiD DAY. Gupta also claimed that he had represented CR four times in the All India Inter Railway Boxing Championships and was even third runner-up in the year 2002. But documents have exposed that Gupta never participated as boxer in any inter railway boxing competition. Eliza Nelson, a senior sports officer of CR, told MiD DAY, "I am aware of the complaints that have been lodged against Gupta. Come to my office with the complainant and I will talk to you."

Gupta is a resident of Bhusawal. He was appointed as a ticket collector (TC) under the Bhusawal division sports quota in the year 1997. After obtaining the NSNIS certificate, he had planned to gain the appointment of coach at a reputed national institute. MiD DAY has obtained copies of the RTI reports, which clearly state that all of Gupta's documents were found to be forged.

Chunnilal Gupta, when asked to comment on the matter, made a counter allegation. He said, "I am aware of the allegations. The documents, which they have obtained through RTI, are not mine. The complainant has forged documents to frame me. He called me up and threatened that he would contrive situations that would make me lose my job. NIS officials selected me only after verifying my documents. I am being targeted because I am North Indian. I believe only in Shirdi Sai Baba. He will punish the complainant," said Gupta.

Official told to pay Rs5K compensation to RTI.

The Times of India; Jeeva; chennai; Wednesday, Apr 27, 2011,

CHENNAI: The Coimbatore district consumer disputes redressal forum has ordered the public information officer of a taluk office in the district to pay Rs 5,000 as compensation to a right to information applicant for not responding to his queries under the RTI Act.

The forum held that non-furnishing of a reply to RTI queries after getting the application fee amounted to deficiency in service' as defined in the Consumer Protection Act.

The complainant R Natarajan of Sindhamanipudhur in Coimbatore filed an RTI application with Sulur taluk office last June seeking details to 29 queries which, among others, relate to disbursement of pattas and the general functioning of the office, including maintenance of vehicles.

But the taluk didn't reply to his queries though the public information officer, as per the RTI Act, had to furnish details within 30 days from the date of receipt of the application, he added.

In defence, the information officer argued that he had given a reply to Natarajan within a week and hence there was no deficiency in service. If the applicant was not convinced with the reply he got, he could only file an appeal with the Tamil Nadu Information Commission and could not approach the consumer forum, the information officer said.

The forum observed that the official did not produce any documentary evidence to prove his claim that he had sent a reply to the complainant. If the reply was given to the applicant in June 2010 itself, the information officer could have submitted the office copy of it and shown necessary entries in the dispatch register, the forum said. "It only showed that there is no truth in his claim," it added.

As the official argued that he had sent another reply last November, the forum made it clear that details furnished to the applicant after he moved the consumer forum could not relieve the information officer from the liability of deficiency in service.

Holding that RTI applicants could well approach consumer fora for service deficiency, the forum ordered the information officer to pay Rs 1,000 towards litigation expenses, along with the compensation, to the complainant.

In a first, activist gets RTI reply on SMS.

Deccan Chronicle; G. Jagannath; chennai; Wednesday, Apr 27, 2011,

In a first-of-its-kind reply, a public information officer (PIO) of Tamil Nadu information commission (TNIC) has provided information to an RTI activist who sought it through an SMS.

Activist V. Gopalakrishnan had sent an SMS to the state chief information commissioner (SCIC) on April 11 seeking to know whether the commission has directed PIOs of the Tamil Nadu government departments not to provide information to a list of RTI activists.

Denying issuing any such instructions to the public authorities, Mr S. Karunagaran, assistant registrar and PIO of TNIC, said, “With reference to your SMS given to SCIC, on April 11, I am to state that you have not addressed the PIO, TNIC, duly affixing court fee stamp of `10 to supply the information required.”

However, the PIO said the commission does not maintain a list of RTI activists’ names and addresses. He also clarified that the commission did not issue any instructions to the public authorities not to supply information to the activists.

“This is the first time a PIO has given information under the RTI Act based on an SMS,” Mr Gopalakrishnan said, adding that though he had made similar complaints through SMS before, he had never got a reply for any of them.

The activist said he sent the SMS following rumours that the SCIC has asked the PIOs in the government departments not to provide information to a list of RTI activists as they were creating problems to the government by exposing irregularities in the administration.

According to RTI (Regulation of Fee and Cost) Rules, 2005, a person who desires to obtain any information from a public authority under sub-section 1 of section 6 of the Act, shall pay an application fee to the public authority along with the application that seeks any information.

'Political commitment a must for transparent administration'.

Financial Express Bangladesh; Dhaka, Tuesday April 26 2011,

Former adviser to the caretaker government Dr Akbar Ali Khan Monday said transparency and accountability in the country's bureaucratic system cannot be established without strong political commitment and neutral bureaucracy.

He said a number of civil servants in the public administration were appointed considering their political attachment instead of efficiency and capability, which is one of the main causes for the absence of accountability and transparency in the administration.

"It should be stopped for ensuring good governance," he said at a seminar titled 'Ensuring Transparency and Accountability in Public Administration: Bangladesh Perspective.'

The seminar was jointly organised by Dhaka School of Economics and Bangladesh Economic Association where participants urged the democratic government to make effective independent institutions like Bangladesh Bureau of Statistics, Bangladesh Standards Testing Institute, Public Service Commission (PSC) and institutions concern with targeted transparency.

"The first watchdog for accountability is internal control and audit. These mechanisms are largely ineffective in Bangladesh and need to be overhauled," Mr Khan said, adding that only strong political will can ensure it.

The ex-adviser to the caretaker government said the categorical constitutional directives to set up elected district councils were bypassed by successive governments. "In such an environment, transparency and accountability cannot be improved without decentralisation of power."

Transparency International Bangladesh (TIB) Executive Director Iftekharuzzaman said Right to Information Act (RTI) can be used as an important tool in this connection as civil servants often conceal information, which is one of the main barriers to ensuring transparency and accountability in the administration.

"The scenario will not improve in coming days if the mentality of our politicians is not changed," he said, adding that nearly 55 per cent members of the parliament are businessmen to whom politics is treated as investment.

"After coming to power the businessmen-cum-politicians are engaged in capitalising on the opportunity to fulfil their business interests instead of national interests," the TIB executive director said.

He said the main reason for the inefficiency of the performance appraisal system in Bangladesh is that it evaluates only personal traits and not actual performance.

"Only 8 per cent marks are awarded for quality and quantity of work whereas the rest marks are assigned for personality traits," he added.

"We have failed to make public administration pro-people over the last 40 years," Justice Kazi Ebadul Haque said while speaking as the chief guest.

Endosulfan: meet in Geneva begins, India still in denial.

Down To Earth; Savvy Soumya Misra; Tuesday 26 April 2011,

Sharad Pawar says many states had asked him not to ban the pesticide

Union agriculture minister Sharad Pawar is rooting for endosulfan just before the fifth Conference of Parties (COP) of the Stockholm Convention meets in Geneva from April 25 to April 30 to decide the fate of the pesticide.

There seems to be a pattern in Pawar’s resistance to banning endosulfan. Replying to a question in the Lok Sabha on February 22, the minister misled the House and said many states did not want a ban on the pesticide.

Pawar reiterated his inability to ban at a meeting with National Human Rights Commission (NHRC) officials in Delhi on April 19. He contends there are no studies to prove that endosulfan is harmful. Eighty-one countries have either banned it or are in the process of banning it. In India, Kerala and Karnataka have banned it. But Pawar argues there is no scientific basis for actions recommended on endosulfan by the Stockholm Convention. “We fail to understand his logic,” an NHRC statement says. “Countries which banned it have access to advanced scientific research. The European Union, the US, Japan, South Korea, Australia and New Zealand did that on the basis of scientific data and studies.” The NHRC had earlier asked the government to join the international consensus at Geneva and allow the pesticide to be listed as an Annex A chemical. This will allow complete elimination of endosulfan from the environment.

The chemical, agriculture and health ministries have adopted a regressive stance on banning endosulfan under the influence of the Indian Chemical Council, an industry body,” says Gopal Krishna, convener of advocacy group Toxics Watch Alliance.

The demand to ban the pesticide gained strength in December last year. Since then, Pawar has claimed the government would go by the decision of the Indian Council for Medical Research (ICMR). The medical body is awaiting results of a study by Calicut Medical College in Kerala, after which it will start a nationwide study on endosulfan. It was expected to be ready before the Indian delegation left for Geneva. But the study has not been released yet.

“Now India will go to COP with the excuse that a study is on and, therefore, it cannot take a call on the ban,” says Jayakumar C, who works with Thanal, a non-profit in Kerala. He has been a regular observer at COP.

The Kerala government has come out with a study which shows endosulfan leads to high abortion rates, infertility, intra-uterine deaths, besides kidney, liver and neuro-behavioural disorders. Among children, cases of morbidity, congenital heart disease, cerebral palsy and skeletal abnormalities were found common. Schoolgirls were diagnosed with high levels of estrogen, which, in the long run, leads to cervical and breast cancers. Endosulfan residue was found in blood samples of victims in Kasaragod district of Kerala.

Pawar’s lies;

The agriculture minister had told Parliament that many states did not want a ban on endosulfan. But no state ever wrote to him requesting not to ban the pesticide. Responding to a Right to Information (RTI) application [2], the ministry said it had received six letters. But, none were from state governments. Four of the letters were sourced from Gujarat, two from farmers. The third was by Saurashtra Chamber of Commerce and Industry while the fourth was from Shri Sudarshan Vishav Krishi Kendra Trust, a non-profit in Amreli, Gujarat.

Gujarat has vested interest in opposing the ban as two of the three big endosulfan manufacturers Excel Crop Care Limited and Coromandel International Limited are based in the state.

The fifth letter came from the Consortium of Indian Farmers Association. Its secretary general P Chengal Reddy has worked closely with Monsanto. The last letter was written by Jyotsana P Kapadia, who was portrayed by the pesticide lobby as “the scientist who revealed the fraud done by the National Institute of Occupational Health (NIOH)”. Its study had indicted endosulfan. Kapadia is DGM, Excel Crop Care Limited.

In March, Gujarat released a study [3] done by the state health and family welfare department which concluded that exposure to endosulfan has no impact on people’s health. “The report is absurd. It gave a clean chit to endosulfan by citing methodological errors in the NIOH study. It completely ignored scientific evidence and literature,” says Mohammed Asheel, a medical doctor, who is also assistant nodal officer of Sneha Santhwanam, a state rehabilitation programme for endosulfan victims in Kerala.

The Gujarat endosulfan report refers to a study done by Samvardhan Trust, a non-profit based in Bhavnagar. The trust had evaluated residues of the pesticide in blood samples of farmers in two villages of Rajkot. It had assigned the job to International Institute of Biotechnology and Toxicology (IIBAT) in Tamil Nadu.

In 2001, IIBAT called FIPPAT was commissioned by the Plantation Corporation of Kerala to study the impact of endosulfan in Kasaragod. It found no residue of the pesticide in any blood sample, cow’s milk or water.

But an investigation by Down To Earth in 2004 [4] revealed the institute had detected endosulfan residue in human blood samples, but did not disclose it in the final report.

“I suspect the report is ghost written by officials of Pesticide Manufacturers and Formulators Association of India (PMFAI) or Indian Chemical Council. It makes all the standard arguments and uses language identical to the industry releases. Endosulfan is “soft” on pollinators; “vested interests” are behind the call to ban endosulfan; and banning endosulfan is EU plot to increase sale of patented insecticides, it says. Some parts are taken verbatim from the remarks of the PMFAI president,” writes Karl Tupper, senior scientist at the Pesticide Action Network-North America, in an e-mail circulated within the organisation.

11,000 cases in Kurla court from one party.

Mid-Day; Tuesday 26 April 2011,

Tata Motors and Tata Motor Finance have filed 10,972 cases in court no 30 here; sources allege they use summons for out-of-court settlements

Even as the phenomenal list of 'pending' cases in Indian courts seems impossible to catch up with, the burden that a particular courtroom at Kurla Court in the city is bearing credits special mention. Close to 11,000 cases filed in courtroom 30 of this court last year come from a single party. According to the reply to an RTI query filed by MiD DAY, two prominent firms of the Tata conglomerate -- Tata Motors and Tata Motors Finance Limited -- alone have filed 10,972 cases over the year gone by.

In the reply received last month, the Kurla Court provided the information that on an average, over two cases are being filed per day in the court. An advocate from the Bombay High Court, on condition of anonymity, said, "The courts have becoming a dumping ground to settle matters that companies cannot deal with, adding to the spiraling number of court cases in the state." With 4 million cases pending in various courts across the state, the piling files rule out clearing the arrears any time soon, she added.

'Arm-twisting tactics';

MiD DAY probes revealed that the two firms allegedly use the weight of the court summons to forcibly settle matters outside with customers whose cheques have bounced. Incidentally, almost all of the 11,000 cases pertain to Section 138 of IPC that deals with bounced cheques.

"After the company files the case, the court issues summons to the party concerned. But that is that. No appearances are made because the company resorts to out-of-court settlement. It shows the summons to the accused, arm-twisting and scaring them into settling the matter," said a customer of Tata Motors, on condition of anonymity.

Sources said the court has issued a number of summons, but hardly any of those summoned have actually appeared before the judges. The few that did also eventually negotiated with the firms out of the courtroom. The RTI reply mentions that TM and TMF had withdrawn more than 5,000 of these cases last year for reasons that are not yet known.

Commenting on the inordinately high number of cases tying up a single court, an advocate from the Bombay High Court said, "The courts would take 320 years to clear its backlog of 32 million cases pending in various courts in the country. It is surprising to hear that TM and TMF are using courts to settle matters."

Court number 30 in the Kurla Court hears cases related to TM and TMF not just from the city, but from across the country. The RTI reply revealed that the firms filed two cases in courtroom number 30 from out of Maharashtra. Sources said that the actual figure was much higher than two. Also, they revealed, the legal representatives of the two firms do not come to the court. The company has given the authority to another party for looking after its cases and make appearances on its behalf.

The Other Side;

On April 6, MiD DAY got in touch with Rahul Sundaram, the legal head of Tata Motors and Tata Motors Finance Ltd, to ask what the company has to say about the high number of cases. He refused to comment, stating that his corporate department would reply, but it did not. The next day, this reporter asked for the same in an e-mail. But he received a phone call from a man who introduced himself as Advocate Subhash Rathod, who spoke roughly and threatened the reporter with his contacts. On April 14, MiD DAY sent reminders to all the above but no official from any of the two firms responded.

5,000 Number of cases that were withdrawn from the Kurla Court last year

3,11,39,022 Currently, the number of cases are pending in Indian courts

Revenue minister Anandiben favouring two companies: Gohil

The Times of India; Tuesday 26 April 2011,

AHMEDABAD: Alleging rampant corruption in the state revenue department, leader of Opposition Shaktisinh Gohil claimed that state revenue minister Anandiben Patel had set aside rules to favour two companies.

Talking to reporters, Gohil said that the revenue minister, a close confidant of chief minister Narendra Modi, allowed a businessman to sell two lakh square-meter of precious land in Kutch instead of letting the government take possession of the land.

Gohil, who has accessed this information, using right to information act (RTI), said that as per the law, the government should have taken possession of the businessman's land. However, Modi government showed soft corner to the businessman and allowed him to sell the land to another businessman.

"Mumbai-based Indigold Refinery was given two lakh square-meter of land in Kutch. It was an agricultural land and as per the law, the businessman was supposed to start production from the proposed unit within a stipulated period, failing which the government was supposed to take possession of the land back. In this case, the Indigold Refinery did not start the project and decided to sell the land to Allumina Refinery," alleged Gohil.

He said that as per the information accessed through RTI, it was clear that all the officials were of the opinion that as per the state rules, the land should have been returned to the government. "But minister Patel in the noting stated that since the land belonged to a private owner, the same can be considered as a special case and permission to sale should be given," claimed Gohil, adding that Patel had okayed it, overruling objections.

Palike too liberal with funds for Freedom Park.

Deccan Herald; Sandeep Moudgal; Tuesday 26 April 2011,

The Bruhat Bangalore Mahanagara Palike (BBMP) has blantantly violated a government order by enormously overshooting the cut-off cost for converting the City Central Jail on Seshadri Road into Freedom Park.

Documents obtained under the RTI by the Deccan Herald show that the Palike had developed the lung space at a total cost of Rs 18.27 crore — Rs eight crore in excess of the allocated funds.

The government order issued to the BBMP by the Urban Development Department (UDD) on January 12, 2007, clearly states that the civic agency cannot, under any circumstances, exceed the sanctioned amount of Rs 10.27 crore for the park.

Documents in possession of this newspaper further show that all the additional works were allotted to a single contractor, K Damodar, who was also entrusted with the park renovation project.

As per the GO issued by the UDD in response to a series of correspondence with the BBMP commissioner in 2006-07, the government had put a cap on the cost for renovating the Park with three explicit conditions: “It is hereby stated that the cost of the renovation shall not be escalated. And if escalated, it will not be considered.” “All expenses will be borne by the BBMP and no further assistance will be given towards the project by the government.” And “the project shall be executed by the BBMP as per the The Karnataka Transparency in Public Procurements (KTPP) Act, 1999.”

However, it appears that by wilfully violating the above clauses in the GO, the BBMP had gone ahead in 2008-09 by adding further additional works to the Freedom Park renovation by issuing another 10 work orders as per their own statement of work.

Barring the work of ‘Providing pathways to the development of Freedom Park’ under work code 000-09-NPPO-MI-013 worth Rs 98.62 lakh, the other nine additional projects at Park were executed by Damodar, who was originally allotted the project to convert the Central Jail into a lung space.

The additional projects include works like children's play area, entrance water pool concept, proposed people’s court flooring and tower flooring, apart from electrical and allied works for theatre, Mexican grass for the pathway and a chain link fencing to the Park.

Palike insiders say the additional projects were executed without any proper tendering process. “The projects were issued under the administrative period without calling for tenders as they would have to be submitted to the government for approval,” said the source.

The Freedom Park project was undertaken at an estimated cost of Rs 7.29 crore in 2004. Damodar bagged the contract for Rs 8.74 crore. However, due to escalation in building material cost and a delay of 22 months in issuing the work order for various reasons, the project was finally approved by the government at a cost of Rs 10.27 crore.

RIGHT TO INFORMATION ACT, 2005

Morung Express.com; Nagaland State Legal Services; 26 April 2011,

After almost 55 years since the coming into force of the Constitution of India, a national law providing for the Right to Information was passed by both House of Parliament on 12/13th May, 2005. It is undoubtedly the most significant event in the life of Indian Democracy.

Prime Minister Manmohan Singh, while speaking on the Right to Information Bill in the Lok Sabha, said:

“The Legislation would ensure that the benefits of growth would flow to all sections of people, eliminate corruption and bring the concerns of the common man to the heart of the all processes of governance”. (The Hindu, 12-05-2005 pg. 1)

The act does not merely oblige the public authority to give information on being asked for it by a citizen but requires it to suo-motu make the information accessible.

Sec. 4(i)(a) of the Act requires every Public Authority to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the Right to Information under the Act and ensure that all records that are appropriate to be computerized and connected to through a network on different systems so that access to that record is facilitated of course subject to exemption as envisaged in Sec. 8(1)(a-j) (2 & 3).

Section 2(f) defined “Information” to mean any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log-books, contracts, reports, papers, samples, models. Also, data held in any electronic form such as FAX, micro film, microfiche etc. it also includes information relating to any private body which can be accessed by a public authority under any other law for the time being in force. The definition thus comprehends all matters which fall within the expression “material in any form”.

In anticipation of non-compliance to Information sought, the RTI Act sets in place appeals and complaints procedures which provide requesters with cheap, simple option.

Option 1 – Make an appeal;

The appeals process falls under section 19 of the Act and envisages a two-step process: firstly, an appeal to the Appellate Authority and secondly, an appeal to the State Information Commission. The appeal process is supposed to be a quicker, cheaper way of enabling requesters to get a decision reviewed, as opposed to going to the Courts.

Second appeal to the Information Commission;

If you are unhappy or dissatisfied with the decision of the Appellate Authority, the RTI Act provides you with the opinion of filing a second appeal with the State Information Commission. A second appeal against a decision of an Appellate Authority to the Information commission must be made within 90 days from the date actually received.

Option 2 – Make a Complaint;

Instead of making an appeal to the Appellate Authority and then the Information Commission, you also have the option of approaching the Information Commission directly and submitting a complaint under section 18(1) of the Act if you are not satisfied with the decision of a PIO or if you think a public authority is failing to comply with its information duties under the Act.

Option 3: Appeal to the Courts;

If your are faced with a situation where you are not satisfied with the decision of the Information Commission, an appeal or a complaint, you can file an appeal in the State High Court or the Supreme Court. The RTI Act specifically bars the Courts from considering any suit, application or any proceeding made under the RTI Act. However, it must be remembered that the RTI Act gives effect to a fundamental right, and according to the Constitution, the High Courts (under Article 224) and the Supreme Court (under Article 32) have the power to look into any matter relating to the fundamental rights of citizens. Technically, therefore, you DO have the right to approach the High Court or the Supreme Court if you are not satisfied with the decision of the State or Central Information Commission as the case may be.

APPEAL PROCEDURE;

1. Appeal to the First Appellate Authority should be made within 30 days, if you are aggrieved by the decision notice or if no decision was made within 30 days.
2. Appeal to the State Information Commission: The State Information Commission reviews the document. CPIO/SPIO should justify non-disclosure. Application and any third parties involved have a right to be heard.