Plea in Kerala High Court to bring Regional, District, Village offices under online RTI Portal: Praisy Thomas

Bar and Bench: Kerala: Thursday, 17 October 2024.
"I find no reason why it should not be so brought in within the purview of online RTI portal," observed a Bench led by CJ Nitin Jamdar today while admitting the plea and seeking the State's response.

A petition has been moved before the Kerala High Court raising concern over the difficulties faced by citizens in accessing information from regional, district, and village-level government offices in Kerala due to their exclusion from the State government's online Right to Information (RTI) portal [Pravasi Legal Cell v State of Kerala & ors].
The Pravasi Legal Cell, an NGO working for the welfare of expatriates, has argued that because of such exclusion, citizens are forced to navigate outdated and cumbersome physical processes to access information at regional, district, and village offices.
It has, therefore, urged the High Court to direct the State to integrate its regional, district, and village-level offices into the Kerala government's online RTI portal.
This is to enable all citizens, particularly non-resident Indians (NRIs), to file RTI applications and access information without needing to visit government offices physically.
A Bench of Chief Justice Nitin Jamdar and Justice S Manu admitted the plea today and opined that regional, district and village offices should also be brought within the purview of the State's RTI portal.
The Court has also asked the State to clarify how much time it may need to integrate regional, district, and village-level offices into the online RTI portal.
The Secretary of the State's General Administration Department has been directed to file an affidavit responding to this query within three weeks.
"In accordance with the direction of the Hon'ble Supreme Court in Pravasi Legal Cell v Union of India & ors (2023), the regional, district and village-level offices should also be brought within the purview of online RTI portal. I find no reason why it should not be so brought in within the purview of online RTI portal. The Learned Government Pleader would take instructions from the Secretary of General Administration Department as to within how much time the regional, district and village-level offices of the State can be brought within the existing online RTI portal," the Court said.
The matter will be heard next after three weeks.

"No reason why regional, district and village-level offices should not be brought in within the purview of online RTI portal."-Kerala High Court
The matter has been filed in the form of a Public Interest Litigation (PIL) petition by the Pravasi Legal Cell.
It recounted that in March 2023, the Supreme Court in Pravasi Legal Cell v Union of India & ors directed all State governments and their departments to establish online RTI portals for facilitating the filing of applications, appeals, and the provision of information electronically.
The NGO noted that while an online RTI portal was implemented in Kerala in 2019, many local offices of State departments continue to be excluded from its purview.
It has argued that Kerala, therefore, has not fully complied with the Supreme Court's 2023 directive.
The exclusion of local offices from the RTI online portal, according to the petitioner, has posed significant challenges for citizens, particularly those who reside outside India, who rely on timely access to government information.
The plea explained that RTI applicants are forced to visit treasury offices in person to make payments for information and documents from local offices, which is time consuming and difficult for citizens, especially those living in remote areas or outside the State.
"The lack of a fully functioning online RTI portal adversely affects not only expatriates but also residents within Kerala, particularly those who live in remote areas," the plea said.
The plea further highlighted that under Section 6(1) of the RTI Act, 2005, citizens are entitled to file RTI applications electronically. However, the State has yet to adopt digital payment options like UPI and net banking.
The petitioner also submitted that adopting digital payment systems for these transactions would bring transparency, improve efficiency and streamline the process of filing RTI applications, appeals, etc. while also providing access to electronic information easily.
"With the current system, the RTI process continues to be plagued by procedural hurdles, bureaucratic inefficiency, and significant delays, thereby denying citizens their fundamental right to access information as guaranteed under the RTI Act," the plea added.
The petition has been filed through advocates Manas P Hameed, E Adithyan, Paul P Abraham, Mariyamma AK and Ipsita Ojal.

CIC Asks Supreme Court PIO To Re-examine RTI Application Seeking Information On Complaints Against Ex-Madras HC Judge T Raja

Live Law: Delhi: Thursday, 17 October 2024.

The Central Information Commission has directed the Public Information Officer of the Supreme Court to re-examine an application under the Right to Information Act 2005 seeking information on whether any complaints of corruption or improper conduct have been received by the Supreme Court Collegium against former Madras High Court judge Justice T Raja.
The CIC has asked the PIO of the Supreme Court to furnish the number of complaint(s), if maintained in their records, or inform the appellant accordingly, within 30 days of the receipt of the order. The RTI application was filed by Saurav Das, an independent journalist and RTI activist.
However, the CIC held that the applicant was not entitled to the information on the action taken on such complaints, saying that it was personal information which was exempted from disclosure as per Section 8(1)(j) of the RTI Act. In that regard, the CIC noted that the applicant was not the complainant.
On April 25, 2023, Das filed an RTI application before the PIO of the Supreme Court seeking the following information:
With regards to Acting Chief Justice of Madras High Court T. Raja, please furnish

1. Whether any complaints, whether through letter representation or otherwise, about either allegations of corruption and/or any improper conduct has been received by the Chief Justice of India, collegium, and/or the Supreme Court of India till date for anytime of Mr. Raja's tenure.
2. If so, the total number of such complaints received till date along with the date.
3. The action taken on such complaints or letter representations.

On May 17, 2023, the Additional Registrar, the PIO of the Supreme Court, responded by saying "the information is not maintained in the manner as sought for.”
The appeal filed against the PIO's response was rejected by the First Appellate Authority (Registrar of the Supreme Court) on June 22, 2023. Following that, the second appeal was filed before the CIC on July 4, 2023.
On October 7, Central Information Commissioner Heeralal Samariya disposed of the appeal by ordering :
"Commission, after perusal of case records and submissions made during hearing, directs the concerned PIO to re-examine the point No. 1 and point No. 2 of the instant RTI Application and furnish the number of complaint(s), if maintained in their records, or inform the Appellant accordingly, within 30 days from the date of receipt of this order, free of cost via speed post. A compliance report to this effect be duly sent to the Commission by the PIO. In doing so, PIO must make sure that information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the Appellant.
As regards the point No. 3 of the RTI Application the Commission is of the considered opinion that the same is personal information of an individual and the Appellant is not even the complainant of the complaint(s) accordingly the same is exempted from disclosure under Section 8(1)(j) of the RTI Act. No further action lies."
Justice T Raja retired as the Acting Chief Justice of the Madras High Court in May 2023. Although the Supreme Court Collegium had recommended his transfer to the Rajasthan High Court in November 2022, the transfer was not implemented since the Central Government did not notify the Collegium's proposal. In April 2023, the Supreme Court collegium reiterated that Justice Raja should be transferred at the earliest; however, it did not happen before his retirement.
Case Details : Saurav Das v.PIO, Supreme Court of India Second Appeal No. CIC/SCOFI/A/2023/631939.
(Click here to Download the order)

Experts express concerns over potential weakening of RTI Act by DPDP Act

ET Legal World: Delhi: Thursday, 17 October 2024.

NITI Aayog objected to the proposed data protection law, citing concerns about amendments to the Right to Information (RTI) Act. The amendments could limit access to personal information, which critics say might weaken the RTI Act. Despite objections, the Digital Personal Data Protection Act was passed in August 2023. The law is yet to be enforced.
On September 29, media reports indicated that NITI Aayog raised objections to certain provisions of the proposed law, specifically highlighting concerns related to the amendments affecting the Right to Information (RTI) Act. The opposition came in the backdrop of protests and pushback from the civil societies.
The proposed data protection law includes an amendment to a section of the RTI Act, which critics argue could "weaken" the legislation by limiting access to personal information, even when it serves the larger public interest.
On January 16, 2023, Niti Aayog formally written to the Ministry of Electronics and Information Technology (MeitY) urging the government to not proceed in its current form and suggested fresh opinion to be sought, according to the report as part of an RTI application. "The revelation only reaffirms what civil society organisations have been saying through consultations and their objections. It's a disservice to the nation that the DoPT omitted to object. Disclosures under the RTI Act didn't constitute an invasion of privacy as sufficient safeguards were built in the statute," said Mishi Choudhary, Founder, Software Freedom Law Centre India (SFLC.in)

RTI एक्टिविस्ट का दावा- विभाग देते हैं गोलमोल जानकारी, महीनों तक लटकी रहती है एप्लीकेशन

ETV Bharat: National: Wednesday, 16 October 2024.

हर साल 12 अक्टूबर को सूचना का अधिकार दिवस मनाया जाता है. सूचना का अधिकार अधिनियम लागू हुए 19 साल पूरे हो चुके हैं. यह अधिनियम 20वें वर्ष में प्रवेश कर चुका है. आरटीआई एक्टिविस्ट की माने तो जिस उद्देश्य से इस अधिनियम को बनाया गया था आज यह अधिनियम उस उद्देश्य को हासिल करने में असफल है. आज विभाग, आरटीआई के जरिए सूचना मांगने पर गोलमोल जवाब देते हैं. जो बेहद निंदनीय है और इस पर सुप्रीम कोर्ट व केंद्र सरकार को संज्ञान लेने की जरूरत है.
भारत की सुरक्षा एजेंसी से सेवानिवृत अधिकारी और आरटीआई एक्टिविस्ट बीके मित्तल से ईटीवी भारत ने बात की तो उन्होंने आरटीआई के विभिन्न पहलुओं को रखा. वीके मित्तल भारत सरकार के सुरक्षा एजेंसी में अधिकारी थे. वर्तमान में वो गाजियाबाद के कौशांबी में रहते हैं. उन्होंने बताया कि नौकरी से रिटायरमेंट के बाद मैंने कई महकमों में गड़बड़ियां देखी तो सूचना के अधिकार अधिनियम 2005 के तहत सूचनाएं मांगी. इसका असर पड़ा कि उन महकमों में जो गैर कानूनी काम हो रहे थे. उसमें सरकार ने जांच के आदेश दिए. गड़बड़ी करने वालों पर कार्रवाई भी हुई. मैंने प्रदूषण को लेकर 17 आरटीआई फाइल की थी. जानकारी मिलने के बाद कई तरीके की गड़बड़ियां सामने आई. इन गड़बड़ियों को लेकर सबसे पहले मैं एनजीटी गया. एनजीटी ने 17 केस में ऑर्डर पास किया. बाद में मामला सुप्रीम कोर्ट में भी पहुंचा और सुप्रीम कोर्ट के आदेश पर कौशांबी के लिए अलग ट्रैफिक मैनेजमेंट प्लान तैयार किया गया. एनजीटी के आदेश पर एनवायरमेंटल मैनेजमेंट प्लान बनाया गया. दिल्ली सरकार और उत्तर प्रदेश सरकार ने इस प्लान को कुछ हद तक इंप्लीमेंट भी किया, लेकिन यह काम आधा अधूरा ही हुआ.
'उद्देश्य को हासिल करने में असफल है आरटीआई':
वीके मित्तल ने कहा कि पहले आरटीआई से सूचनाओं मिलती थी और ब्यूरोक्रेट्स भी डरते थे और आरटीआई पर एक्शन भी लिया जाता था लेकिन वक्त के साथ अब आरटीआई को डाइल्यूट कर दिया गया है. अब क्रिटिकल मामलों में सूचनाएं ना के बराबर मिलती हैं. आज आरटीआई से सूचना मांगने पर सारे विभाग या तो टालने का प्रयास करते हैं या गोलमोल जवाब देते हैं. कई बार तो बेबुनियाद जवाब दे देते हैं, जिसका उसे सब्जेक्ट से कोई मतलब ही नहीं होता है. आज की तारीख में आरटीआई अपना पूरा उद्देश्य हासिल करने में असफल है. आज आरटीआई फाइल करने की ऑनलाइन व्यवस्था भी है. डाक के जरिए भी सूचना ली जा सकती है.
'ऑनलाइन सूचना मांगने पर महीनों तक नहीं मिलता जबाब':
वीके मित्तल ने कहा कि आरटीआई का जवाब एक महीने में देने का प्रावधान है, लेकिन लोगों को महीनों तक सूचना नहीं मिल पाती हैं. यदि आरटीआई में एक से अधिक लोग इंवॉल्व हैं तो हर व्यक्ति के लिए 15 दिन का अतिरिक्त समय मिलता है. ऐसे में एक डिपार्टमेंट दूसरे डिपार्टमेंट पर बात डाल देता है. इससे महीनों तक इनफॉरमेशन नहीं मिलती है. आज लोग घर बैठे ऑनलाइन आरटीआई फाइल कर देते हैं, लेकिन जो सूचना मांगी जाती है वह नहीं मिलती है.
'क्यों और किस लिए सवाल पर आरटीआई हो जाती है निरस्त':
मित्तल ने बताया कि आरटीआई डालते समय काफी सावधानियां बरतनी पड़ती हैं. यदि आरटीआई में क्यों और किस लिए शब्द है तो विभाग आरटीआई को निरस्त कर देता है. इसका जवाब नहीं दिया जाता. ऐसे में अगर कोई सूचना मांग रहे हैं तो सवाल को घुमा कर लिखें. आजकल बहुत से विभाग अपनी वेबसाइट पर बहुत सारी जानकारियां डालते हैं लेकिन अंदर की सूचना नहीं होती है, जिसे जानने के लिए लोगों को आरटीआई लगाना पड़ता है. आरटीआई से सूचना नहीं मिलने पर लोग स्टेट कमीशन या सेंट्रल कमीशन में जा सकते हैं, लेकिन यहां पर भी स्टाफ का अभाव कितना ज्यादा है कि सालों तक नंबर ही नहीं आते हैं. अपील पर सुनवाई ही नहीं होती है.
'सरकार और सुप्रीम कोर्ट को आरटीआई को लेकर होना पड़ेगा गंभीर':
उन्होंने कहा कि आरटीआई को लेकर सुप्रीम कोर्ट को और गवर्नमेंट को सीरियस होना पड़ेगा. इनफॉरमेशन कमिशन तक की नियुक्ति सुप्रीम कोर्ट के आदेश पर हो रही है, जो सरकार का अपना रूटीन काम है. कई बार तो ऐसा महसूस होता है कि यह देश सुप्रीम कोर्ट और हाई कोर्ट के आदेशों से चल रहा है. यह स्थिति बदलनी चाहिए सरकार को अपनी जिम्मेदारी समझनी चाहिए लोगों को सरकार को फेस टू फेस क्वेश्चन करने की आजादी और हिम्मत होनी चाहिए तभी स्थिति बदलेगी.

In Coimbatore city, 207 posts lying vacant in 48 police stations: RTI

The Hindu: Coimbatore: Wednesday, 16 October 2024.
According to the Coimbatore city police, these police stations have a sanctioned strength of 1,602 as against the actual strength of 1,395

A total of 207 posts are lying vacant in police stations in Coimbatore city as per a reply given by the city police to a petition filed under the Right to Information (RTI) Act.
There are 20 law and order (L&O) stations and 20 investigation wings (IW) attached to them in Coimbatore city. These include Bazaar Street, Variety Hall Road, Ukkadam, R.S. Puram, Vadavalli, Ramanathapuram, Podanur, Sundarapuram, Selvapuram, Kuniyamuthur, Karumbukadai, Singanallur, Peelamedu, Saravanampatti, Kattoor, Race Course, Rathinapuri, Saibaba Colony and Kavundampalayam.
The city police also have eight traffic police stations at Kattoor, Race Course, Ramanathapuram, Singanallur, Peelamedu, Bazaar Street, R.S. Puram and Podanur.
City-based RTI activist N.R. Ravishankar had sought details of the sanctioned strength, actual strength and vacancies at these 48 police stations.
As per the reply given by the Coimbatore city police, these stations have a sanctioned strength of 1,602 as against the actual strength of 1,395. The vacancies stood at 207, of which 70 were in traffic stations and 137 were in L&O stations and IWs.
With 35 vacancies, the Bazaar Street L&O police station topped the list in terms of vacant posts, followed by Bazaar Street traffic (30), Ukkadam L&O (30), Variety Hall Road L&O (23), Selvapuram L&O (23) and Race Course traffic (22), as per the RTI reply.

Time to put the RTI Act on the right track: Shamsul Bari, Ruhi Naz

The Daily Star: Bangladesh: Wednesday, 16 October 2024.

The country's fledgling Right to Information (RTI) regime has not escaped the popular demand for sweeping governance reform since the interim government assumed power. This was inevitable as the entire tenure of the RTI Act 2009 in Bangladesh coincided with the 15-year rule of the ousted government. Like many other laws of the land, it too suffered the debilitating consequences of an autocratic rule affecting all democratic institutions of the country. However, the inherent potential of the law to establish people's oversight of government activities remains intact. A new government with a mandate to restore peoples' sovereignty has ignited new hope for it.
Since its inception, the primary objective of this column has been to enhance the effective use of the RTI Act by citizens to promote good governance. The relatively scarce use of the law over the years has yielded some positive outcomes in a limited field of government activities, but no significant gains were made on larger issues of national importance. This is because civil society, a crucial stakeholder, largely remained aloof, primarily due to a lack of trust in the government's commitment to it. The unfriendly and often uncooperative behaviour of many government officials towards information-seekers, and the absence of a people-friendly mechanism to remove impediments and resolve disputes they faced with recalcitrant public officials were additional factors. More importantly, citizens feared that by seeking information of a sensitive nature relating to many shady government activities, they might face the wrath of the officials concerned. With the drastic change of circumstances after the fall of the previous regime in the country, it is heartening to see civil society's growing interest in the act.
Increased attention to the RTI Act was manifested at two important gatherings last month in Dhaka. Participating RTI activists and civil society leaders engaged in a more frank and focused discussion on the importance of the law for democratic rule. They highlighted the difficulties faced by the law users, the need for further improvements to its provisions, the removal of many impediments citizens faced in its application, and the steps needed for their removal, thus providing a roadmap for future action.
At the more inclusive meeting on September 29, held to commemorate the International Right to Information Day, participants underlined the crucial importance of transparency and accountability of public officials to the people under democratic rule. Several recommendations were made, which should be of particular importance to one or more reform commissions set up by the interim government recently to improve overall governance in the country.
The foremost requirement for the success of the RTI Act, everyone agreed, would be the government's loud and clear commitment to its far-ranging objectives and readiness to promote its implementation unstintingly. The perceptible lack of such commitment in the past was recognised as a key factor for why many citizens shied away from using the law. They must feel that the government welcomes their participation in governance matters.
Together with its stated commitment, the government must demonstrate it in practice through measures such as proper training of government officials, including an oath to respect the law's provisions. The training must include appropriate information and records management to ensure easy access when requested by information-seekers. In this context, the code of practice of the United Kingdom is pertinent: "The Right to Information legislation will only be as good as the quality of the records, which are subject to its provisions. Statutory right of access such as this is of little use if reliable records and information are not created in the first place, if they cannot be found when needed....Good records management practice is therefore essential in implementing the RTI Act."
An equally important measure would be inserting more decisive items in the Proactive Disclosure provision of the law than the current mundane list. The government's proactive inclusion of more meaningful information would not only enhance its credentials for more open and accountable pro-people governance, but will also help decrease the burden on public officials from providing them reactively through citizens' requests. This also applies to NGOs which fall within the purview of the law.
Provisions of Section 7 of the RTI Act, containing a list of items exempt from mandatory disclosure, deserve particular attention. Some are too broad and open to misuse for withholding information. Terms like "national security" or "public interest" are susceptible to loose interpretation, allowing authorities to deny legitimate information requests. This prevents public scrutiny and allows cover-up of corruption or inefficiency. It also limits the scope of investigative journalism by denying journalists access to information of public interest.
However, the topic that concerned most RTI enthusiasts and observers is the role of the Information Commission in steering the law and facilitating its proper implementation. The selection and appointment of the commissioners was of utmost importance. The lack of a transparent mechanism for their choice was loudly lamented. There is general agreement that all future commissioners should be selected with utmost objectivity, as prescribed under the law, with attention not only to their honesty and impartiality, but also to their capacity and expertise in the field. The importance of sanctions provided under the law to penalise recalcitrant public officials was also underlined, and so was the need for a more people-friendly Information Commission, since the law was enacted primarily to empower citizens to monitor government activities.
Equally important is to recognise that proper implementation of the RTI Act requires a fundamental transformation of the mindset of all its stakeholders. This is because the law seeks to change an age-old culture of governance based on a colonial concept of the relationship between the ruler and the ruled. Such a change is impossible under any autocratic regime where the idea of people as the reservoir of all state power receives scant acceptance. Under the country's new dispensation, achieved through a popular people's movement, it is time to put a mechanism in place to change that mindset.
The success of the RTI Act anywhere in the world largely depends on the determination and commitment of the citizens to put it to practical use. The people of Bangladesh now have an opportunity to assume that responsibility more confidently. Their role in this regard is as essential for democracy as is their responsibility to participate in the elections and choose their government. Let us remember that while RTI activists in our region resist attempts by their governments to limit the scope of the RTI Act, we in Bangladesh are faced with a golden opportunity to enhance it. Let us not miss it.
(Shamsul Bari and Ruhi Naz are chairman and assistant director (RTI), respectively, of Research Initiatives, Bangladesh, RIB. Email: rib@citech-bd.com)

Personal Information Of Employees Like Service Records, Copies Of Promotion & Financial Benefits Can't Be Disclosed Under RTI Act: Delhi High Court: Namdev Singh

Live Law: Delhi: Wednesday, 16 October 2024.

A single judge bench of the Delhi High Court comprising of Justice Sanjeev Narula, while deciding writ petition held that the personal information of employees like service records, copies of promotion & financial benefits can't be disclosed under the RTI Act.
Background Facts:
On April 19, 2017, respondent No. 3 submitted an RTI application. It was sent to the Public Information Officer (PIO) of the Directorate of Education (DoE), Delhi. The application requested various details about the service records of the staff at Ryan International School. It also sought information on their employment conditions.
The requested information included whether the school kept and updated service books for its employees. It also asked for details about the financial benefits given to employees according to government guidelines. Additionally, it requested copies of promotion and financial benefit orders, as well as copies of communications related to promotions and conduct related matters issued by the school to its employees.
On May 27, 2017, the Central Public Information Officer (CPIO) of the DoE informed respondent No. 3 about the RTI application. The application was forwarded to Ryan International School for their response. However, no specific information was provided at that time. Aggrieved by the same, respondent No. 3 decided to file an appeal under the RTI Act.
On July 25, 2017, the First Appellate Authority directed the PIO to revise the reply. The authority instructed the PIO to provide the requested information to respondent No. 3. The PIO then forwarded the school's response to respondent No. 3. The Ryan International School denied the request for information. They claimed it was a private unaided institution. The school stated that it did not fall under the purview of the RTI Act. They argued that it was not a "public authority" as defined by the RTI Act. Therefore, the school was not obligated to provide such information.
Unsatisfied with the school's response, respondent No. 3 filed a second appeal before the CIC. The CIC issued an order to the DoE. The order directed the DoE to use its regulatory powers. The CIC required the DoE to obtain the requested information from the school. The CIC ruled that the DoE, as a regulatory body, had a duty to oversee the functioning of all schools. This included private unaided schools. The CIC emphasized the need to ensure compliance with the Delhi School Education Act and Rules (DSEAR), 1973.
The CIC emphasized that Ryan International School might not be a public authority under the RTI Act. However, the DoE was obligated to monitor and supervise the school's operations. The CIC held that the information sought by respondent No. 3 was related to the regulatory oversight of the DoE. Therefore, this information should be accessible through the DoE. This access to information is ensured under the Delhi School Education Act and Rules (DSEAR), 1973.
The CIC further stated that the DoE has the power and responsibility to ensure that schools comply with the DSEAR Act. The DoE serves as the supervisory and regulatory authority. The school's refusal to provide the requested information was based on its claim of being outside the RTI Act's scope. The CIC found this reasoning inadequate. The DoE must exercise its powers to collect the necessary information from the school. This information should then be made available to the applicant under the RTI Act.
Aggrieved by the CIC's order, Ryan International School filed a writ petition in the Delhi High Court, seeking to quash the order passed by the CIC.
It was argued by the school that the information being sought was personal information about its employees. It claimed this information was exempt from disclosure under Section 8(1)(j) of the RTI Act. This section protects personal information that does not serve a public interest and could invade privacy. It was further contended that it is a private unaided institution. Therefore, it did not fall under the definition of "public authority" as per the Right to Information (RTI) Act, 2005. As a result, the school was not obligated to disclose the requested information including employee service records.
On the other hand, it was contended by the CIC that most of the information sought by respondent No. 3 should be accessible under the DSEAR (Delhi School Education and Rules) Act. This Act specifically applied to “unaided schools”. These schools are accountable to the Directorate of Education and must comply with its mandates. The Act includes provisions such as Sections 50, 55, and 56, which establish criteria for granting, suspending, or withdrawing school recognition.
The CIC further contended that the Directorate of Education has the authority to monitor and regulate schools under the DSEAR Act. This authority requires schools to submit necessary documents as mandated. These documents contain information that is accessible to the public under the RTI Act, 2005.
Findings of the Court:
It was observed by the court that the CIC has directed the disclosure of information which was entirely personal information of the employees and this information was exempted from disclosure under clause (j) of Section 8(1) of the RTI Act.
Furthermore, it was observed by the court that nothing has been brought on record to show that the larger public interest was involved which required the disclosure of such information even though it was exempted.
It was noted by the court that the CIC had directed the Directorate of Education to call upon schools under its regulatory capacity to furnish certain information, however, the order did not consider the fact that the information sought pertained to sensitive personal information and service records of the employees of the school.
It was held by the court that the order dated 14th May, 2019 passed by the CIC, was unsustainable. Therefore, it was set aside by the court.
With the aforesaid observations, the writ petition was allowed.
(Click Here to Download the Order)

Employees’ personal information not subject to RTI, says Delhi HC: RUCHI MISHRA

New Indian Express: Delhi: Wednesday, 16 October 2024.
Justice Sanjeev Narula set aside the CIC’s order, emphasizing that no larger public interest justified revealing sensitive personal information of school employees.

Personal information of employees, including service records, promotion documents, and details of financial benefits, cannot be disclosed under the Right to Information (RTI) Act, the Delhi High Court has said.
The observation came in response to a writ petition filed by Ryan International School challenging an order by the Central Information Commission (CIC) that directed the school to disclose its employees’ service details.
The court, while setting aside the CIC’s order, emphasised that there was no evidence of any larger public interest that justified the disclosure of such sensitive information.
“The CIC has directed the Directorate of Education to call upon schools under its regulatory capacity to furnish certain information. However, the order does not consider the fact that the information sought pertains to sensitive personal information and service records of the employees,” noted Justice Sanjeev Narula during the recent hearing.
The case began in April 2017, when Anuj Kumar Sharma filed an RTI application seeking information regarding the service books and financial benefits of employees at Ryan International School, Mayur Vihar.
The Directorate of Education (DoE), to whom the RTI was submitted, forwarded the request to the school, stating it did not hold the information. Dissatisfied with the response, Sharma escalated the matter, leading the CIC to order the school to provide the requested details.
Ryan International School contested the order, arguing that as a private unaided institution, it does not fall within the purview of the RTI Act. The school further contended that the requested information constituted “personal information,” which is protected under Section 8(1)(j) of the RTI Act.
Justice Narula upheld the school’s stance, citing the Supreme Court’s precedent in Girish Ramchandra Deshpande v. Central Information Commissioner, which states that employee performance and financial details are personal and exempt from disclosure unless there is a demonstrated larger public interest.

Nineteen years on, how has the RTI Act fared?

The Leaflet: National: Tuesday, 15 October 2024.

Citizens and media must defend their right to information failing which the RTI Act will be converted into a right to deny information, writes Shailesh Gandhi.
THE Right to Information (RTI) Act completed 19 years on October 12, 2024. When it was first rolled out, it created great enthusiasm among citizens who saw the possibility of ensuring accountability and transparency from their government.
We call India the world’s largest democracy, but this has not translated into welfare and good governance for the ordinary citizen. Democracy is defined as ‘rule of the people for the people by the people’, but the truth is that when an ordinary citizen goes to a government office, they often come out feeling hurt, humiliated and frustrated.
For the first time, we had a law that recognised the sovereignty of the individual citizen and recognised that she was giving legitimacy to the government and all public servants.
It also recognised the fact that the government held all information on behalf of citizens. Citizens who were empowered used RTI to redress their grievances and expose corruption.
The RTI Act does not have a list of information that the citizen could access but instead has a small negative list of information that could be denied to the citizen. All other information had to be shared with the citizens.
This was one of the best transparency laws in the world but it is not delivering the promised fruits and better governance because various instrumentalities have not been following the law but are mutilating it.
The Act recognises that all existing information must be given to a citizen on demand and mandates a personal penalty on a public servant if he denies information within 30 days without reasonable cause.
For dissatisfied citizens, it provides for an appeal with a senior officer within the department and if this is not satisfactory, the law creates a second appellate authority in terms of an Information Commission. It gave adequate authority to the commissions to get their Orders implemented.
The RTI Act does not have a list of information that the citizen could access but instead has a small negative list of information that could be denied to the citizen.
The Information Commissioners were to be selected by the committee consisting of the Prime Minister, Leader of the Opposition and one other minister for the Central Commission and the chief minister, Leader of the Opposition and one other minister for the state commissions.
This became the weak link of the RTI Act. Commissioners were selected without any transparent process and, in most cases, the posts were given to people who could work the bureaucratic and political network.
Consequently, a large number of commissioners were selected who had no predilection for transparency nor any love for it. Many of them looked at these positions as post-retirement sinecures or rewards for favours done while in service.
They did not recognise or understand the significance of the right to information as a fundamental right arising out of Article 19(1)(a) of the Constitution. The law had specifically stated that no reasons need to be given for seeking information.
Commissioners and courts started asking applicants to explain reasons why they wanted information. If the answer did not satisfy them, they denied the information to the applicants.
This has been further aggravated by the fact that many commissioners in the country do not work with any seriousness. Many of them do not work for even 40 hours a week. The disposal of cases is absolutely unacceptable in most cases.
Many commissioners dispose of 50 to 100 cases in a month. They should be disposing about 400 to 500 cases per month, as some do. As a benchmark, I may mention that the average disposal of cases in Indian high courts, which are more complex, is above 200 cases per month.
The backlogs in information commissions are increasing steadily and RTI cases are being delayed at commissions for six months to four years. Citizens lose interest in trying to enforce the law and public servants have started neglecting their duties mentioned in the law. This results in citizens losing faith in the law.
Another major setback to RTI has been the gross misinterpretation of Section 8(1)(J) of the RTI Act. This Section was meant to exempt information which would lead to any invasion on the privacy of an individual.
Keeping in mind the fact that it may be difficult to define privacy, the Indian Parliament had crafted the Section in a careful and skillful manner.
This Section exempts:
“Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.
“Provided that the information, which cannot be denied to the Parliament or a state legislature, shall not be denied to any person.”
Generally, most of the information in public records arises from a public activity. The Public Information Officer (PIO) has to decide whether it is an invasion of privacy. Privacy is to do with matters within a home, a person’s body, sexual preferences etc.
This is in line with Article 19(2) of the Constitution. Then the PIO must record his subjective conclusion that he would not give the information to the Parliament or state assembly.
Commissioners and courts started asking applicants to explain reasons why they wanted information. If the answer did not satisfy them, they denied the information to the applicants.
Unfortunately many public servants, commissioners and courts deny information just by saying it is personal information. This is not in line with the law or the Constitution. This could be a major loss for citizen’s fundamental rights under Article 19 (1)(a).
Citizens and media must defend their right to information failing which the RTI Act will be converted into a right to deny information.

Gov felicitates 8 Public Information Officials on 19th Anniversary of RTI Act

Garhwal Post: Dehradun: Tuesday, 15 October 2024.

On the 19th anniversary of the Right to Information (RTI) Act, Governor Lt General Gurmit Singh felicitated 8 public information officers and first appellate officers for their outstanding work during a programme organised by the Uttarakhand Information Commission, here, today.
Among those honoured were the Deputy General Manager of Uttarakhand Transport Corporation, Pradeep Sati, former Chief Development Officer of Haridwar, Prateek Jain, and District Development Officer of Haridwar, Ved Prakash, for their exemplary performance as departmental appellate officers. The public information officers recognised included Station House Officer Gopal Datt Bhatt, District Development Officer Sangita Arya, Assistant Regional Transport Officer Pankaj Srivastava, Senior Marketing Officer Radhika Binjola, and Under Secretary of the Medical Education Department, Richa.
The Governor congratulated the awardees and emphasised the importance of information exchange for establishing accountable governance. He stated that a transparent and responsible institution views information sharing positively and highlighted the critical role of RTI in strengthening democracy. He urged increased focus on hill districts, where RTI applications are notably low, and called for greater awareness and participation of women in the process.
The Chief Information Commissioner, Vivek Sharma, reported that from the establishment of the Uttarakhand Information Commission until August 2024, a total of 56,939 second appeals/complaints have been received, with 56,008 resolved. He noted the introduction of online request facilities for citizens.
The event also featured insights from Information Commissioners and participation from various dignitaries, reinforcing the need for transparency and good governance through the RTI Act.

Surest way to cause a death blow to RTI Act,’ says P Chidambaram questioning 8 vacant information commissioner posts: Written By Gulam Jeelani

Live Mint: National: Tuesday, 15 October 2024.
The Supreme Court had last year urged the Centre o fill vacancies in the Central Information Commission, which currently has eight unfilled positions. Chidambaram criticised the government, alleging that this neglect undermines the Right to Information Act and hinders its proper functioning.

Senior Congress leader P Chidambaram has questioned the government on vacancies in Central Information Commission (CIC) accusing it of dealing a ‘death blow’ to the Right to Information (RTI) Act by not appointing information commissioners.
At present, the former Union Minister said, eight vacancies of information commissoners are vacant in the panel.
“The Central Information Commission should have, under the RTI Act, a Chief Information Commissioner and 10 Information Commissioners. At present, there are in place only the CIC and two Information Commissioners,” Chidambaram said in a pist on X.
8 vacant positions:
“Eight posts of Information Commissioners are vacant Why? Is it because the RTI Act has been used to pierce the veil of the government and hold the government to account?,” he asked.
According to the RTI Act, the CIC shall consist of the Chief Information Commissioner and such number of Central Information Commissioners not exceeding 10 as may be deemed necessary. The same holds true for State Information Commissions (SIC).
The central government amended the RTI Act and changed the rules governing the conditions of service of Information Commissioners all with the intention of crippling the role of the RTI Act, Chidambaram alleged
“The surest way to cause a death blow to the RTI Act is to not appoint Information Commissioners,” said.
The vacancies hinder the smooth functioning of the information commission, leading to delays in resolving RTI cases, the Congress leader said.
The surest way to cause a death blow to the RTI Act is to not appoint Information Commissioners.
The vacant positions in information commissions have reached the courts too. In October last year, the Supreme Court directed the Centre and the States to immediately take steps to fill up vacancies in the CIC and SICs before they became “defunct” and rendered the citizens’ right to know under the RTI Act a “dead letter.”
A three-judge Bench headed by the Chief Justice of India DY Chandrachud gave the Centre three weeks to collate data from the States on the sanctioned strength of the CIC and SICs.

Challenges remains in Guj's RTI implementation.

Times of India: Ahmedabad: Monday, October 14, 2024.

A recent nationwide study revealed Gujarat's "moderate" performance in the case of the Gujarat State Information Commission (IC) in implementing the Right to Information Act. The Report Card on the Performance of Information Commissions in India, 2023-24 by Satark Nagrik Sangathan (SNS) states that Gujarat's IC is operating at full capacity and registered 8,342 appeals and complaints, disposing of 5,597 in the past year. This performance is better than states like Jharkhand, Tripura, Telangana, and Goa, where ICs were non-functional due to vacancies.

However, Gujarat's backlog of 6,131 cases raises concerns. While significantly lower than Maharashtra's 1.08 lakh pending cases, it indicates room for improvement. "The estimated waiting time for case disposal in Gujarat stands at one year and one month, far better than Chhattisgarh's alarming 5 years and 2 months," states the report. 

Gujarat IC imposed penalties in 115 cases, totalling Rs 6.43 lakh, showcasing moderate enforcement. This contrasts with Uttar Pradesh and Chhattisgarh's higher penalties and the complete absence of penalties in Jharkhand, Telangana, and Tripura. The report notes that Gujarat did not provide information on showcause notices issued under the penalty clause.

Transparency remains a strong suit for Gujarat, with the timely publication of its annual report. Many states lag behind in this crucial aspect of accountability. Maharashtra and Uttar Pradesh lead in case handling, each managing over 27,000 cases. However, severe backlogs plague several states, with Karnataka (50,000+), Tamil Nadu (41,241), and Bihar (25,101) struggling to keep pace.

TN info panel must make entire process online like that of union govt, say activists.

New Indian Express: Madurai: Monday, October 14, 2024.

According to RTI activist R Ramakrishnan, the main aim of the Act is to ensure transparency and prevent bribery.

While 19 years have passed since the Right To Information (RTI) Act came into effect on October 12, 2005, RTI activists urged the Madurai branch of the Tamil Nadu State Information Commission (TNSIC) to ensure the proper implementation of section 4(1b) of the Act (which elaborates the particulars of the organisation, functions and duties of its employees, among others).

It also emphasised on the need to make the entire process of application online in the state.

For many, the RTI Act, which has played a major role in unravelling scams across the nation, offers a second freedom. As the Act enters its 20th year of implementation on October 12, 2024, TNIE spoke to some RTI activists, working towards social causes, and inquired about the changes and improvisations to be made in the enforcement of the Act.

According to RTI activist R Ramakrishnan, the main aim of the Act is to ensure transparency and prevent bribery. "However, at present, there are only a few people employed in the State Information Commissioner's office. Though the Tamil Nadu government had invited applications for the post of State Information Officer six months back, no one has been appointed till now. If the government really wants to offer the fruits of RTI to the people, then it should ensure sufficient funds and manpower," he pointed out.

Ramakrishnan alleged that most of the Public Information Officers (PIOs) of TNSIC (Madurai) often refused to provide the sought information, forcing petitioners to opt for frequent appeals.

"As per section 20(1) of the RTI Act, a penalty of Rs 25,000 can be imposed against the PIOs who refuse to give necessary details, and section 20(2) recommends departmental action against them. However, in reality, most of the state information commissioners do not take any action under section 20(2)," he said.

Further, under section 7(6), information sought by the petitioner must be provided within 30 days, and 25 pages of the required documents would be served free of cost. If it exceeds 25 pages, the petitioner has to pay Rs 2 for every other page.

"Despite this, petitioners are many a time asked to pay Rs 2 even when the documents, served after 30 days of filing the petition, are just above 20 pages," Ramakrishnan said, adding that the state government should appoint a State Information Commissioner who understands the regional language to ensure the Act's thorough implementation.

Speaking to TNIE, Madurai-based RTI activist C Anandaraj said that he has filed around 8,000 RTI petitions related to health care since 2009. "All through these years, I never stopped until I received the information, and kept on monitoring the process.

As per section 4(1b) of the Act, information sought through petitions must be revealed by the authorities concerned. Yet, nowadays, PIOs deliberately refuse to provide information citing certain sections," he alleged, and urged for the setting up of proper monitoring mechanisms.

Even though the RTI Act was implemented in 2005, the Tamil Nadu government failed to conduct sufficient awareness programmes for the people or offer training to the PIOs, Madurai-based RTI activist K Hakkim told TNIE.

"As per section 5(3), if anyone wants to file a petition under the Act, then the PIOs have to come forward and render reasonable assistance. But, this is does not occur in reality," he said.

He further urged the state government to take measures to convert the entire process into online mode.

"The central government has switched the entire process to online mode and has been handling an average of 30 lakh petitions annually. Whereas in Tamil Nadu, while 4,10,000 petitions are filed, only three departments handle the petitions virtually. Even in this digital era, petitioners are forced to file applications manually, write the request on paper, get stamps from post offices and send the petition. If the government really wants to curb bribery, then it must implement all the sections of the Act effectively," he said.

Manipur High Court directs Chief Engineer of PHED to produce records for recruitment of 91 Section Officers.

Imphal Times: Rinku Kumuchkam: Imphal: Monday, October 14, 2024.

The Manipur High Court has directed the Chief Engineer of the Public Health Engineering Department (PHED) to produce relevant official records related to the recruitment and appointment of 91 Section Officer Grade-I posts, as per the notification dated 10.11.2023, before the Court.

This directive was issued in connection with a writ petition filed by Thokchom Bebina, Superintending Engineer, Urban Circle, PHED, challenging an order passed by the Manipur Information Commission on 22.08.2024.

The Commission had ordered the furnish of the information requested under the Right to Information (RTI) Act by Rishikumar Soraisham and imposed a penalty of Rs. 25,000 to Thokchom Bebina, SPIO of PHED for failing to provide the requested information.

The case originated from an RTI application filed by Rishikumar Soraisham, seeking details regarding the recruitment process, including his answer script, marks secured, cut-off marks for OBC candidates, and other related information.

During a hearing on 5th September 2024, the petitioner’s counsel argued that the petitioner had already written to the Chief Engineer of PHED on 30.08.2024, requesting the release of four out of the six pieces of information sought by the respondent under the RTI Act.

The petitioner’s counsel further assured the Court that these documents would be furnished within two weeks of receipt. Regarding the remaining two pieces of information, which pertain to third parties, a notice would be issued to the third party, and their consent would be obtained before furnishing the information.

After hearing the submissions, the High Court suspended the Information Commission’s penalty order and directed the petitioner to provide the documents related to items 1 to 4 within two weeks. The next hearing, initially scheduled for 09.10.2024, was rescheduled to 10.10.2024.

During the hearing on 10.10.2024, the Court noted that, despite its clear order, the required documents had not yet been furnished by the Chief Engineer to the petitioner. Following the Chief Engineer’s failure to provide the documents, the Court directed the Chief Engineer to produce the official records related to the recruitment and appointment of 91 Section Officer Grade-I posts, as per the notification dated 10.11.2023, before the court by the next hearing.

Additionally, the Court has instructed the State Chief Information Commissioner of the Manipur Information Commission not to proceed with Appeal Case No. 44 of 2024 without the Court’s permission.

Residents of two ex-CMs’ villages unaware of RTI Act: Survey.

Tribune India: Sunita Dhawan: Rohtak: Monday, October 14, 2024.

0% residents of Hooda’s village, 85 % of Khattar’s village clueless about RTI

It has been 19 years since the Right to Information (RTI) Act came into force. However, a majority of people are still not aware of the RTI Act. This has been indicated by the findings of a survey conducted in the native villages of former Haryana Chief Ministers Bhupinder Singh Hooda and Manohar Lal Khattar by the Haryana Soochna Adhikar Manch.

The convener of the manch and noted RTI activist Subhash said the purpose of the survey was to assess how many people in the rural areas were aware of the RTI Act

Hooda’s native village Sanghi and Khattar’s native village Baniyani, both of which are in Rohtak district, were selected for the survey, “he stated, pointing out that Sanghi and Baniyani are located at almost equal distance from the district headquarters on Panipat and Bhiwani roads, respectively. The survey revealed that almost 70 per cent residents of Sanghi village did not know about the RTI Act, though 5 per cent residents of the village had utilised the RTI Act.

Subhash disclosed that 300 residents of Sanghi village, including 200 men and 100 women, participated in the survey. The participants included in the survey were in the age-group of 20 to 70 years. These included serving and retired employees, farmers, shopkeepers, private workers and home-makers (housewives).

"Only 30 per cent of the residents were aware of the RTI Act, while 5 per cent of them had used it to get information from various departments. 15 per cent of the village residents said they had heard about the RTI Act, but knew only that it was a law to demand information from the sarpanch,” said the survey report.

In Baniyani village, 200 residents, including 150 men and 50 women participated in the survey. Of them, 85 per cent residents did not know about the RTI Act, while 2 per cent of them had used the Act to seek information.

he participants included unemployed persons, labourers, farmers, self-employed residents, students and housewives. Shockingly, 99 per cent of the women surveyed in Baniyani village had not even heard about the RTI Act.

“Among the men, 15 per cent had heard about the Act and 2 per cent had also used it,” said the report. Subhash said as per the survey, a majority of the residents of both Sanghi and Baniyani villages were not aware of this law. “Most people are not aware about the preparation of RTI application, the procedure to file it and payment of application fees. Especially, the women lack knowledge about the Act and its utility. The common perception about the RTI Act in the villages is that it is a law for seeking information from the sarpanch,” he said.

19 साल का हुआ सूचना का अधिकार, आंकड़ों में देखें आरटीआई का अबतक का सफर.

Navbharat Times: Sunday, October 13, 2024.

सूचना का अधिकार अधिनियम 2005 ने आज 19 साल पूरे कर लिए हैं। आज के ही दिन आरटीआई एक्ट 2005 में शुरू हुआ था। लेकिन इस मौके पर एक रिपोर्ट में चिंता जताई गई है कि देशभर के 29 सूचना आयोगों में 4 लाख से ज्यादा अपीलें और शिकायतें लंबित हैं।

4 लाख से ज्यादा मामले पेंडिंग

यह रिपोर्ट पारदर्शिता कार्यकर्ता अंजलि भारद्वाज के नेतृत्व वाले सिविल सोसाइटी ग्रुप सतर्क नागरिक संगठन ने तैयार की है। रिपोर्ट के मुताबिक 30 जून 2024 तक देश के अलग-अलग सूचना आयोगों में 4,05,509 मामले लंबित हैं। रिपोर्ट में कहा गया है कि महाराष्ट्र सूचना आयोग में सबसे ज्यादा 1,08,641 अपीलें और शिकायतें लंबित हैं। इसके बाद कर्नाटक (50,000), तमिलनाडु (41,241) और छत्तीसगढ़ (25,317) का नंबर आता है।

क्या कहते हैं आंकड़े?

रिपोर्ट बताती है कि 31 मार्च 2019 तक 26 सूचना आयोग में कुल 2,18,347 मामले लंबित थे। जून 2022 में यह संख्या 3 लाख के पार चली गई। इस साल यह संख्या बढ़कर 4,05,509 हो गई है। इस बीच, 27 आयोग सूचना द्वारा 1 जुलाई 2023 और 30 जून 2024 के बीच 2,31,417 अपीलें और शिकायतें दर्ज की गईं। इसी अवधि के दौरान, 28 आयोगों ने 2,25,929 मामलों का निपटारा किया।

राज्यों में सूचना आयोग की क्या स्थिति?

रिपोर्ट में एक और चिंताजनक बात सामने आई है। रिपोर्ट कहती है कि पिछले एक साल में सात सूचना आयोग झारखंड, तेलंगाना, गोवा, त्रिपुरा, मध्य प्रदेश, उत्तर प्रदेश और छत्तीसगढ़ अलग-अलग समय के लिए निष्क्रिय रहे। इनमें से चार आयोग झारखंड, तेलंगाना, गोवा और त्रिपुरा अभी भी निष्क्रिय हैं।

मामलों में देरी की क्या है वजह?

यहां तक कि केंद्रीय सूचना आयोग भी लगभग एक साल से केवल तीन आयुक्तों के साथ काम कर रहा है, जिसमें प्रमुख भी शामिल हैं। रिपोर्ट में सीआईसी में लंबित अपीलों और शिकायतों पर ध्यान आकर्षित किया गया है, जो 30 जून तक 22,774 मामले थे। रिपोर्ट में कहा गया है कि मामलों के निपटारे में देरी के लिए दो कारण जिम्मेदार हैं- आयोगों में रिक्तियां और आयुक्तों द्वारा धीमी गति से निपटान।

Awareness campaign on RTI launched.

The Hans India: Pradeep Veenalankati: Sunday, October 13, 2024.

As part of the National Right to Information (RTI) Act Week celebrations, a wall poster ‘Prajalara Melukondi’ and a brochure ‘Prajala Chetillo Paashupataastram - Samachara Hakku Chattam’ (RTI Act: The People’s Weapon) were released here on Friday.

District Consumers Association president P Raja Reddy, who attended the event as the chief guest, emphasised the importance of the RTI Act. 

He highlighted that the Act, born out of the out of the social movements led by activists like Anna Hazare and Aruna Roy, plays a crucial role in curbing corruption, misuse of power and administrative negligence by ensuring that citizens can easily and quickly access information can easily and quickly access information. He urged citizens to make full use of the RTI Act, which was designed to bring transparency and accountability in governance, while protecting the rights of the common people. RTI district convenor M Srinivasulu, along with activists like Kumaraswamy Naidu, V Muni Chandrappa Reddy, Upendra and Gandhi Murali Mohan, also addressed the audience. 

They reiterated that the RTI Act holds everyone accountable, from village secretaries to the President of India, with no exemptions. The speakers encouraged the public to use this powerful tool responsibly and selflessly for the greater good.

Meghalaya: RTI activist alleges vehicle act violation by Home Dept during Covid.

NEnow: Guwahati: Sunday, October 13, 2024.

RTI activist Disparsing Rani has accused the police and home department in Meghalaya of violating the Motor Vehicle Act by hiring private vehicles during the COVID-19 pandemic.

Rani asserts that this move was in contravention of Section 60 of the Motor Vehicle Act, 1988, which prohibits the hiring of private vehicles by the police and only permits commercial vehicles.

Rani claimed that 156 private vehicles were requisitioned by the state government, despite the legal restrictions.Furthermore, Rani claimed that there may have been a collusion between the private vehicle owners and the police, which facilitated this unlawful arrangement.

The allegations made were based on RTI queries, which also claimed that there was a huge outstanding payment to private vehicle owners.

An amount of Rs 10,45,78,093 remains unpaid to the owners of these vehicles, as per the information received from nine districts. Notably, Ri Bhoi and South West Garo Hills districts failed to furnish the required information, he said.

UP govt did not consult or inform army before denotifying ‘buffer zone’ village in Ayodhya: RTI.

News Laundry: Shivnarayan Rajpurohit: Ayodhya: New Delhi: Sunday, October 13, 2024.

The denotification has opened Majha Jamthara village, where Adani had bought land, for commercial activity.

Uttar Pradesh government before the latter “de-notified” a village, earlier reserved as a buffer zone for the army’s firing and artillery practices near the Ayodhya cantonment, as per a Right to Information response. The denotification, announced by the state government over four months ago, has unlocked the village, Majha Jamthara, for commercial activity.

The village is a few kilometers from the Ram Temple complex and close to the Saryu river. Months before the Ram Temple consecration in January this year, an Adani Group subsidiary, close associates of yoga guru and businessman Baba Ramdev, spiritual leader Sri Sri Ravishankar, and several other high-profile individuals bought land parcels in the village. Earlier, Majha Jamthara and 13 other villages in its vicinity were notified by the UP governor for a period of five years up to 2025 as a buffer zone for the army’s artillery exercises. 

It was done to keep “common citizens safe from any untoward incidents during firing” under Section 9(2) of the Manoeuvres Field Firing and Artillery Practice Act of 1938. As notified, the buffer zone land is managed by the revenue department, and its use is limited to agriculture, and no permanent structure could be built on it, according to sources.

In the run-up to the Ram temple construction, the village has become prime land due to its proximity to the temple complex and growing religious tourism.

Ayodhya cantonment kept in dark

The said RTI application was filed by Ayodhya-based lawyer Praveen Kumar Dubey last month, asking if the army was consulted and informed, and gave approval for the denotification. In reply to the application, the Ayodhya Cantonment administration said: “Before the state civil administration denotified Majha Jamthara, this office was not informed about it.” The reply dated October 8 further noted that the Ayodhya Cantonment had not given consent — “orally or in writing” — to the state government’s decision. 

But Dubey claimed that just like the notification process, the state government should inform and consult with the army before de-notifying land parcels under the 1938 Act. A government lawyer said since the village land is not owned by the army, the state government was well within its rights to denotify the village. 

When asked about the procedure for denotification and if it was mandatory for the state to consult the army, he said, “We are discussing with legal experts to learn more about legal provisions for denotification.” Ayodhya district magistrate Chandra Vijay Singh could not be reached for comment as his phone was switched off throughout the day.This report report will be updated if we are able to get a comment.

In the Lucknow bench of the Allahabad High Court, before which the army and the UP administration are fighting a legal battle, the state government did not disclose if it consulted the army for denotification. On September 30, Zuhair Bin Sageer, special secretary with the department of general administration, informed the court that the denotification proposal was received from Ayodhya DM Singh. Another point of legal contention is “un-authorised construction” in the 14 villages. Since February last year, the army has informed district authorities about alleged encroachment.

Newlaundry had earlier reported how encroachment has hindered the army’s drills

On September 30, the army informed the court that its heavy artillery exercises have been “greatly limited” due to “encroachment” in 14 villages, spread over 13,391 acres. Majha Jamthara is spread over 2,211 acres. The court directed the Ayodhya Development Authority to “approve maps” — on a case-by-case basis — in the notified area along with no-objection certificates from the army. The court is hearing a case on alleged encroachment in the buffer zone and is likely to decide on the merits of the denotification process in upcoming sittings.