Is intelligence body trying to cover up scam ?

Times of India: Sachin Parashar:Wednesday , August 31 , 2011.

NEW DELHI: From a potential nerve centre for all intelligence agencies to an embarrassment for the government, the woes of the National Technical Research Organisation (NTRO) seem far from over. The Central Information Commission (CIC) has now threatened the agency that if it doesn't furnish information related to the procurement scam, for which it was indicted by the CAG leading to an ongoing government probe, the commission will initiate action against it.
Faced with a corruption scandal, its disregard for the CIC is only likely to fuel allegations of a cover up. A CIC letter dated August 24 to NTRO warns that if the relevant information, as sought by former NTRO scientist and whistleblower V K Mittal in RTI applications, is not provided in the next 10 working days, the commission will take necessary action "without any further reference being made to you".
Mittal first highlighted the discrepancies in purchase of security equipment in 2009 after which then national security adviser M K Narayanan recommended an audit by CAG which, in turn, highlighted grave misdoings.
As an intelligence agency, NTRO comes under the second schedule of the RTI Act and is not "ordinarily obliged" to give any information, as it argued in a hearing before chief information commissioner Satyananda Mishra in March this year. Mishra, however, agreed with Mittal that since NTRO had itself earlier agreed to provide some of the information related to procurement of equipment and other records, it had no reason to now backtrack.
In all, CIC examined 26 applications seeking information from NTRO. Only in two of these did NTRO provide "rudimentary" information while completely ignoring the remaining ones.
NTRO came into existence after the Kargil war when the government felt the need to have an agency which would deal with technical inputs and help all intelligence agencies. It soon got involved in a turf war with RAW, India's external intelligence arm, with many accusing the two organisations of only duplicating each other's capabilities. Since it was formed, government has pumped over Rs 8,000 crore into its functioning.
While not following the March 31 order passed by the chief information commissioner, NTRO also did not bother to challenge it in the high court. Among other things, NTRO is also accused of procuring UAVs which could not be used for gathering intelligence in areas infested by naxalites. An internal inquiry by NTRO had also found officials guilty but its report only recommended minor penalties for the accused officials. The PMO, however, rejected this saying that the offence was too serious to dismissed with a mere minor penalty.

In N-E, RTI activists at the receiving end.

Indian Express: Samudra Gupta Kashyap:Wednesday , August 31 , 2011.

Guwahati : Even as Anna Hazare’s fast caused nationwide awareness about corruption, RTI activists in different states of the Northeastern region continue to face harassment and threats.

Seventeen families from Meghalaya filed an FIR against the village council for denying foodgrains supplied by the government. An RTI application filed by them revealed that while the government had supplied foodgrains for BPL families in Dongrum in East Khasi Hills district, the families had not received them for 72 months. An inquiry was instituted after the harassed families lodged a complaint.

This is the second incident of villagers being ostracised in Meghalaya for asking questions through RTI. Last year, three women of Jongksha village were ostracised for bringing to light anomalies in implementation of the Mahatma Gandhi National Rural Employment Guarantee Act through RTI. The State Women’s Commission had to intervene to restore their social rights.

In February, Bobby Basaiawaomoit, a resident of Mairangbah in West Khasi Hills district, had lodged a complaint saying the village council had threatened to impose a fine and ostracise him for ‘creating trouble’ in the village by using RTI.

Sanjit Das and his family were attacked on August 14 for seeking information through RTI about foodgrain supply under PDS in Sonitpur district. Das was seriously injured and is currently hospitalised. He was also assaulted a few months ago for exposing PDS anomalies, causing arrest of several fair price shop owners.

“Seeking information under the RTI Act has become a risky affair in Assam and other Northeastern states. In most cases, the anomalies are committed by a nexus involving officials and contractors, who engage miscreants to threaten and attack the applicants,” said Saito Basumatary of People’s Rights Forum, a Guwahati-based platform of RTI activists.

In Manipur, people asking questions under the RTI Act formed a platform to put up a united fight against harassment and delays in getting replies from authorities.

“While officials often deny or cause delay in giving information, threats and attacks on applicants have become commonplace,” said W Joykumar, convenor of RTI activist platform Transparency Initiatives, Manipur.

Srinivasan likely to be next CIC.

Times of India:Wednesday , August 31 , 2011.

JAIPUR: Information commissioner T Srinivasan is likely to become the next chief information commissioner of the state while the name of former chief justice of Patna High Court, Justice Rajesh Balia has been recommended for the post of chairperson of state human rights commission. The recommendations were sent to the governor for approval.
The names were finalised in a meeting at the official residence of chief minister Ashok Gehlot. The meeting was attended by the leader of Opposition Vasundhara Raje, speaker Deependra Singh Shekhawat and home minister Shanti Dhariwal. "The names have been forwarded to the governor, who will take the final decision," Dhariwal said.
According to sources, while the names of former secretary, Rajasthan Legislative Assembly, H R Kuri and retired senior IPS officer M K Devrajan have been recommended for members of the commission.
Srinivasan was appointed as the information commissioner in September 2010. The post of CIC was vacant since April after the retirement of D Kaurani. Nearly 5,000 second appeals are waiting for hearing at the Commission. They will be taken up on a priority basis after a formal appointment. According to Section 15(3) of the RTI Act, the CIC is to be appointed by a committee comprising the chief minister, the leader of the Opposition and a cabinet minister.
The State Human Rights Commission has been virtually lying defunct for almost a year now, for which the state government faced lot of criticism. The ruling party had alleged that Raje's absence was also one of the reasons for the delay.
Tuesday's meeting came as a surprise in the political circles as this was the first time since December 2003 that Gehlot and Raje participated in a joint meeting. Sources claim that names were agreed upon unanimously and there was no dispute.

CBI to probe fake railway courts.

Mumbai Newsline:Tuesday 30 August 2011.

Mumbai Taking serious note of a scam involving the alleged staging of fake courts by Railway Protection Force (RPF) personnel to extort money from commuters who cross railway tracks, the Bombay High Court on Monday transferred the investigation in the case to the Central Bureau of Investigation (CBI).

The Division Bench of Justice Ranjana Desai and Justice Ranjit More ordered the transfer after the agency told the court that it is already investigating the role of RPF personnel in corruption cases. “Since the CBI is already investigating such cases against RPF officials, it would be the best agency to probe this matter,” Justice Desai said.

Earlier, the court had said it was considering transferring the case to the state Criminal Investigation Department (CID), observing that there is a possibility of a pattern existing throughout the state. However, in a hearing on August 26, the judges sought to know if the CBI is investigating any case related to the fake court scam.

The judges were hearing a public interest litigation filed by activist Samir Zaveri who accused RPF officials of extorting money and harassing commuters. The petitioner alleges the scam was being carried on at Lokmanya Tilak Terminus at Kurla in 2008. The petition was filed after RPF Head Constable B R Jogdankar filed an RTI pertaining to the matter. According to the petitioner, the modus operandi was that a head constable of the RPF would act as a “magistrate” and granted bail to the offenders, and the constables would misappropriate the money.

The case will now be heard on November 25.

Bamloe builders’ issue rocks House, Dhumal denies violations.

Chandigarh Newsline:Tuesday 30 August 2011.

Shimla Opposition Congress on Monday raked up the controversial Bamloe Infrastructure Developers’ project alleging serious violations of the Forest Conservation Act and favouritism to the promoters by the ruling BJP in Himachal Pradesh.

Amidst heated arguments between the Opposition legislator Mukesh Agnihotri and Chief Minister Prem Kumar Dhumal, the government gave the project clean chit saying, “All the documents of the company are in order. No felling of the trees have been proved, and also no favours have given to the company. By sanctioning the project, the government has not committed any violation or illegality.”

The issue was raised by Agnihotri, who had earlier tabled a question in the House. Since the question could not be taken-up, he chose to lodge his protest contesting the government’s written reply stating that the project was in clear.

Though Speaker Tulsi Ram declined Agnihotri the permission to raise the issue and even ordered that “nothing should go on record’, the MLA stood firm and waved certain papers, which he claimed to have been procured through the RTI. He also quoted some names to substantiate the claim that some persons with interests in the project were to the incumbent government.

As Agnitori ignored Speaker’s repeated pleas, Dhumal said that the government was ready to order a fresh inquiry, led by Agnihotri. The CM said he doesn’t have any personal interest in the project and instead suspected Congress of having some interests.

Incidentally, most of the Congress MLAs didn’t join Agnihotri, even as Dhumal asserted that out of 37 trees at the spot, only one has been damaged.

“The company hasn’t felled any tree. Only one deodar tree was found to have been damaged for which the company will be facing action under the Municipal Corporation Act 1994”.

Earlier, the urban development minister Mohinder Singh too had rejected Agnihotri’s charges. He said a committee was formed to look into the charges to probe the allegations levelled by the Congress.

“Everything has been done as per the law,” he said expressing inability to stop the work at the project site. “If this was done the company could drag the government to the court,” the minister said.

Later, Dhumal said that some leaders of CPM had also gheraoed Principal Chief Conservator of Forests’s office and thereafter a joint inspection team visited the site. “No illicit felling of the trees was detected”.

Cabinet to discuss new Sports Bill today.

IBNLive.com:Tuesday 30 August 2011.

New Delhi: The Union Cabinet will discuss the new Sports Bill on Tuesday. The Sports ministry's new Bill, looking at functioning of different sporting bodies, is to be brought up before the Cabinet on Tuesday.

Cricket as a sport is also being included in the new Sports Bill. This will be the first move to bring the cricketing administration under the Sports ministry.

Under the new Sports Bill, all Sport federations will be covered by the Right to Information (RTI) Act. All the Sport federations will have to submit the audited reports to Parliament.

Sports Minister Ajay Maken on Monday said that the government has already introduced the Draft National Sports Development Bill in the Parliament and he is expecting that it will be passed in the ongoing Monsoon Session itself.

Maken said the Bill once passed by the Parliament would bring in more accountability in the functioning of National Sports Federations (NSFs).

"We need reforms in sports, which we hope the National Sports Bill will bring. Our idea was to introduce the Bill in the monsoon session and we have already done that. Now the inter-ministerial consultation is going on and once it is over, it will go to the Parliament for resolution," he said.

"I am hopeful that the Parliament will be unanimous on this Bill. I am hopeful it (Bill) will be cleared in this session," Maken told reporters on the occasion of hockey legend Dhyan Chand's 106th birth anniversary, regarded as National Sports Day in the country.

"We need reforms in sports which this Bill will bring in. The Bill will bring in transparency in NSFs," he added.

He said if passed by the Parliament the Bill would make it mandatory for NSFs to have 25 per cent reservation for sportspersons in their executive board.

Terming Dhyan Chand as the brightest star of Indian sports, Maken said there was an urgent need to develop a sports culture in the country to produce many more champions like the hockey legend.

"We have built world class infrastructure during the Commonwealth Games but only infrastructure can't help. We need to encourage sports culture first as this will fetch us medals and not infrastructure alone," he said.

CIC widens scope of RTI application.

Deccan Herald:Tuesday 30 August 2011.

In a landmark decision that would enthuse RTI applicants and activists across the country, the Central Information Commission has said it is not necessary for information seekers to limit RTI applications ''to only one subject matter''.

Information Commissioner Shailesh Gandhi, in a sharp departure from the Commission’s earlier decisions, observed: “There is no legal requirement on an applicant’s part to restrict the scope of RTI application to only one subject matter”.
The observation was made during the hearing of a plea by D K Bhaumik, who had sought information on various issues related to mandatory suo-moto disclosures under the RTI Act made by the Small Industries Development Bank of India (SIDBI). Bhaumik’s application was rejected by the Bank saying that it was not limited to one subject matter.
The applicant was asked by the Bank to pay additional amount of Rs 180 as RTI fee for providing information on 19 points. The Bank observed that “bundling of a series of requests in one application was not open to the information seeker unless he paid for each request of information separately.”
The latest decision by the CIC reverses the earlier rulings by then chief information commissioners, Wajahat Habibullah and A N Tiwari, which held that as per the RTI Act an application should contain either one request or a single category of request.
Gandhi observed “the then chief information commissioners have interpreted the term ‘a request’ used both under sections 6(1) and 7(1) of the RTI Act to mean one category of information...if information sought pertains to different categories, then each request shall be treated separately and paid for accordingly.”
“No parameters have been laid down by the then chief information commissioners by which an applicant and the PIO can determine whether the information sought pertains to one- subject matter,” he said.
RTI community and campaigners have for long been protesting against “one application, one subject matter” rule for RTI applicants. In the present case, the Bank relied upon previous decisions by Habibullah and Tiwari that restricted an application to either one request or a single category of request.
Quoting a Supreme Court order where it was held that words of a statute must prima facie be given their ordinary meaning, Gandhi said, “This commission respectfully disagrees with the interpretation given by the then chief information commissioners.”
“It is important to mention that no legal basis has been given by the then chief information commissioners while coming to the said interpretation... If at all a meaning is ascribed to the term ‘a request’, it would mean ‘an application’ seeking information under the RTI Act,” he said.
The fiat:

• No legal requirement for applicant to restrict scope of RTI application to only one subject matter
• No clear definition of what ‘one category of request’ means
• Latest CIC ruling reverses decisions taken by then chief information commissioners that favoured ‘one application, one subject matter’ rule
• RTI applicants and campaigners have long protested against the rule

PU has no space for evaluated answer-books.

The Times of India:B K MishraB K Mishra:Monday, August 29, 2011.

PATNA: Sounds incredible, yet it is a fact that Patna University (PU) has no space to store the evaluated answer-books of different examinations. All the evaluated answer-books of the 2011 undergraduate and postgraduate examinations, including self-financing courses, are lying dumped at the centres of evaluation namely Wheeler Senate House, Patna Science College and Patna Women's College.

PU controller of examinations D N Sharma said that the entire upper floor of the Wheeler Senate House is packed with the evaluated answer-books of the last year's examinations and the university has been left with no more space to store the answer-books of the current year's examinations. A few years back, an examination building was constructed by the university with financial support from the UGC, but that building was never handed over to the examination department. Instead, PU computer centre was housed in the newly constructed building.

Proper storage of evaluated answer-books has become more important due to the fact that students can now demand for their evaluated answer-books under the provisions of the Right to Information (RTI) Act.

On an average 40,000 students appear at PU examinations every year hence the university has to preserve at least four lakh evaluated answer-books. According to the university regulations, the university has to preserve the evaluated answer-books of at least last three years' examinations. Sharma said that the examination section is managing the entire show with the help of only a skeleton of staff. A large number of posts are lying vacant as no new appointment has been made during the last several years. The works of the examination department are continuously increasing, he said.

Special Branch of Mumbai Police Exempt from RTI: CID

Outlook:Monday, August 29, 2011.

Information about the overstay of Pakistani nationals working in Bollywood and television industry cannot be provided as Special Branch of Mumbai Police is expempted under the RTI act, says a reply from the police.
NGO 'National Counsel for Civil Liberties' had sought from Maharashtra Home Department details as to how many Pakistani film artists such as actors, directors, producers, singer, musicians and so on are working illegally in Mumbai.
The Home department had forwarded the RTI application to the Special Branch of CID. However, the Public Information Officer of CID refused to divulge information on the grounds that CID does not come under the ambit of RTI.
"The special branch of CID is looking into the matter of Pakistani nationals working in Mumbai. But the details regarding this cannot be given as the state government as per a notification dated October 11, 2005 has exempted CID from giving information under RTI," the reply by PIO and assistant commissioner of police (CID) Ambadas Gadade said.
Following this, V N Saxena, president of the NGO, has appealed before the appellate officer of CID and sought information.
"The information was sought first from the Home department which is not exempted from RTI. Pakistani nationals working illegally in Mumbai should be sent back immediately. This is necessary to help our own citizens who are struggling to get a job in the film industry," the appeal states.
Stating that the information sought is neither classified nor confidential in nature, Saxena said he would file a petition against the home department if the appellate officer too rejects his RTI application.

Interview : “I Fear For My Life, But I’ll Go On”

Outlook InterviewsShehla Masood :Sunday,28 August, 2011.

Long pushing for protection of whistle-blowers, Shehla Masood might have made her point most forcefully in death. She had long learned to live with threats to her life, as she revealed in the last interview before she died. Excerpts:
How difficult is it for a whistle-blower to function ?

I was threatened by local MLA Vishwas Sarang because I exposed corruption relating to forest produce. He sent me a court notice just to put me under pressure. I exposed Madhya Pradesh CM Shivraj Singh Chauhan’s expenditure on household entertainment which ran into lakhs every month. The money was spent on chaat, sweets, lunches, bouquets, telephone bills and mobile bills. I was threatened by principal information officer (general administrative department) Aruna Gupta. She wrote a letter to the information commissioner saying I had stolen some records and lodged an FIR against me. It was a blatant lie because when she was asked to furnish details of the records stolen from her office, she failed to give anything. She was served with a showcause notice. I was also threatened by the protocol officer of the CM’s house, Sanjay Chauhan, because I exposed how lakhs were spent on sitting judges of the Madhya Pradesh High Court. The money was spent on their stay in luxury hotels and travel. I also drew attention towards the 12 serving judges who were involved in corruption. These judges came to the wedding of the son of principal secretary (law) in December 2010 and the expenses were borne by the state government. I draw strength from these threats. But at the same time, I realise that the government is not serious in protecting whistle-blowers. I believe this is because of political pressure. There is no political will to fight corruption. And I am sorry to say that there is very little unity among the activists as they also have vested interests.

How does one work in this situation ?

See, I am being constantly threatened. I was threatened by Pawan Shrivastava (currently IG, police training institute, Indore) in 2008. He is thoroughly corrupt. His proximity with politicians allows him to commit deeds which are immoral and against the law. He is a perpetual law offender. He is close to a few RSS leaders and to the vice-president of BJP’s Madhya Pradesh unit, Anil Dave. I filed an RTI application in 2008 to gather information on the tender process adopted by the cultural department. The day I filed it, Pawan Srivastava called me on my mobile and not only threatened me with dire consequences but also abused me. I have recorded part of his conversation which corroborates my claim. However, that recording and complaints to senior police officers and to Union home minister P. Chidambaram have hardly helped me. I fear for my life. But I will continue working and carry on.

What issues are you fighting for ?

I’m fighting for good governance, transparency, police reforms and environmental issues like tiger conservation. I’ve been using the RTI Act since 2005 as a tool to collect evidence. It is the nexus between politicians and babus which is slowly poisoning our country. The fight is between the powerful and weak and I represent the weakest and the poorest of society.

Objection, your honour.

Hindustan Times: Satya Prakash:Sunday,28 August, 2011.

As Justice Soumitra Sen of the Calcutta High Court faces impeachment proceedings, the focus is back on corruption in the Indian judiciary, often accused of opposing measures to introduce transparency and accountability in an institution that also judges the works of the Legislature and the Executive.

During the debate on the resolution in the Rajya Sabha to remove Justice Sen, cutting across party lines, MPs attacked the judiciary for corruption, lack of accountability and the collegium system of appointments, in which the executive hardly has any role to play. No wonder, in his farewell speech, Justice VS Sirpurkar of the Supreme Court described the statements against the judiciary as “indigestible”.

Should the Judiciary be under Lokpal ?:
Gandhian Anna Hazare, who had been on an indefinite fast since August 16 to demand a strong Lokpal (anti-corruption ombudsman), first demanded that the judiciary be brought under the Lokpal. However, team Anna is now said to have agreed to keep the judiciary out of the purview of the Lokpal if the government simultaneously brings the Judicial Standards and Accountability Bill with strong provisions to deal with judicial corruption.

“Judiciary can’t be covered by this (proposed) Lokpal. It should be covered by another alternative mechanism. We call it the National Judicial Commission,” leader of Opposition in the Rajya Sabha Arun Jaitley said on August 18, during the debate on Sen’s impeachment.
According to former Chief Justice of India PN Bhagwati, bringing the judiciary under the Lokpal would “seriously” affect its independence. Only a “specialised agency” should be entrusted to ensure accountability in the judiciary, whose autonomy could be compromised if brought under the Lokpal, Bhagwati said in an open letter to Hazare.

The Judicial Standards and Accountability Bill, 2010:
The UPA government introduced the Judicial Standards and Accountability Bill in the Lok Sabha on December 1, 2010. It proposes to lay down judicial standards, provide for the accountability of judges, and requires them to declare their assets and liabilities, and also that of their spouse and children.

The Bill requires judges to practise universally accepted values of judicial life, such as prohibition on close association with individual members of the Bar who practise in the same court as the judge and allowing family members who are members of the Bar to use the judge’s residence for professional work.

Law Commission Vice Chairman KTS Tulsi terms it a historic step, saying, “For the first time judges’ conduct is being defined by a statute.”
The proposed law is to replace the Judges (Inquiry) Act, 1968 that lays down procedure for removal of the Supreme Court and high court judges. But most importantly, it empowers the common man to file complaints against judges of the high courts and the Supreme Court.

The numbers game:
Under the present system provided for in the Judges (Inquiry) Act, 1968, the process for removal of a judge can be initiated through a resolution either by 100 Lok Sabha members or 50 Rajya Sabha members.

After the MPs submit a duly signed motion to the Lok Sabha speaker or Rajya Sabha Chairman, the presiding officer constitutes a three-member committee to probe the allegations and determine if it is a fit case for initiating the impeachment process.

If the panel indicts the judge, the resolution for removal has to be passed by two-thirds majority in both Houses in the same session. The resolution is then sent to the President, who orders removal of the judge. The judge is given an opportunity to defend him/her.
While retaining the reference procedure, the Bill proposes to introduce a complaint procedure to empower the aam admi to file complaints against judges of the high courts and the Supreme Court.

It seeks to establish two authorities a National Judicial Oversight Committee and a Scrutiny Panel to investigate complaints against judges.

The Oversight Committee will comprise a retired Chief Justice of India as the chairperson, a judge of the Supreme Court nominated by the sitting Chief Justice of India, a Chief Justice of the High Court, the Attorney General for India, and an eminent person appointed by the President. The scrutiny panel shall comprise a former Chief Justice and two sitting judges of that court.

A Parliamentary panel on Law and justice is said to have recommended inclusion of one MP each from the Lok Sabha and the Rajya Sabha in the Oversight Committee. Initial complaints will be made to the Oversight Committee, and they will be referred to the scrutiny panel constituted in the Supreme Court and in every High Court.

If the scrutiny panel feels there are sufficient grounds for proceeding against the judge, it shall report on its findings to the Oversight Committee.

When the panel finds that the complaint is frivolous, or that there not sufficient grounds for inquiring against into the complaint, it shall submit a report to the Oversight Committee giving its findings for not proceeding with the complaint.

If the scrutiny panel recommends investigation into a complaint against a judge, the Oversight Committee will constitute an investigation committee to probe into the complaint. The probe panel will comprise three members. It will frame definite charges against the judge and shall communicate the same to the judge, who shall be given an opportunity to present the case, but if the judge chooses not to be heard, the proceedings may be heard without him present.

The Removal of a judge:
If the Oversight Committee feels that the charges proved against the judge merit his/her removal, it shall request the judge to resign voluntarily, and if the judge fails to do so, it shall advise the president to proceed with the removal of the judge. In such a case, the President shall refer the matter to Parliament, where the rest of the procedure is the same as the one in the case of a motion moved by MPs.

The Bill exempts documents and records of proceedings related to a complaint from the purview of the RTI Act, 2005 but the reports of the investigation committee and the order of the Oversight Committee can be made public. The tainted judges gallery

Why The Collegium stays:
Under Article 124(2) and Article 217(1) of the Constitution, a judge of Supreme Court/High Court has to be appointed by the President after “consultation” with the Chief Justice of India (CJI). The government was not bound by the CJI’s recommendation.
But in 1993, the Supreme Court introduced the collegium system, taking over primacy in appointments to higher judiciary. A nine-judge Constitution Bench in 1998 ruled that “consultation” must be effective and the chief justice’s
opinion shall have primacy. Now India is the only nation in the world where judges appoint judges. In 2008, the Law Commission favoured restoration of pre-1993 position. Despite the UPA government criticising the collegium system, the Bill does not propose to change it.

Post-retirement carrots:
During his speech on Sen’s impeachment, Jaitley said: “The desire of a job after retirement is now becoming a serious threat to judicial independence.”

Tulsi also described it as a menace. “I agree with Jaitley that judges should not be given post-retirement jobs. If a statute requires a judicial person, a sitting judge can be appointed.”

The way forward:
Prevention is better than cure. What is needed is a system that ensures only an honest person becomes a judge. If that happens, the occasion for removal of a judge may not arise. Also, the collegium system must go, says former law minister Ram Jethmalani. “Setting up a National Judicial Commission is the only solution. The Commission must have the powers to appoint, transfer and remove judges,” he said.
He, however, said: “It should be a broad-based body comprising a government representative, the leader of the opposition and representatives of the judiciary, organised Bar, academic world and the world of social sciences.”

Revenue Minister sits over action-taken report.

GreaterKashmir.com:Faheem Aslam: Sunday,28 August, 2011.

Srinagar, Aug 27: Information sought under the J&K Right to Information Act of 2009 has revealed how the Minister for Revenue is sitting over the action taken report in a case of alleged encroachment of 350 kanals of land by Member Parliament Chowdhary Lal Singh in Kathua district of Jammu an issue which rocked the Legislative Assembly during the last Budget Session.
Meraj-ud-Din Sheikh of Khansahib Budgam had asked what action did the Speaker of the Assembly initiate on this issue raised by Member Legislative Assembly, Jagdish Sapolia, during the Budget Session.
While the Legislative Assembly initially denied the information, it has shot off a fresh letter to Sheikh, revealing that the Minister for Revenue Raman Bhalla is yet to respond on the action taken report despite several reminders.
“I am to submit that Member Jagdish Raj Sapolia raised the issue of illegal encroachment upon the state land on April 1, 2011 in the House against Chaudhary Lal Singh, MP and submitted some documents to this effect to the Speaker who forwarded the same in original to the Minister for Revenue for his perusal and investigation,” writes the Public Information Officer of the Legislative Assembly vide letter No: LA/8503-04/RTI/2011 Dated: 09-08-2011.
He adds: “The Minister, it may be pointed out here, did not make any statement on this issue on the floor of the House. However on April 6 2011, this office on instructions of the Speaker requested the Minister to intimate the action taken in this behalf to the Assembly Secretariat. Since no action taken report was intimated to this secretariat, two reminder letters were subsequently dispatched to the Minister for intimating action taken in the matter under intimation to the Speaker. The reply is awaited.”
Sheikh had also sought copies of the documents produced by Sapolia before the House, like Shajra-e-Khas and copies, if any, of the reply of the Minister for Revenue to Sapolia’s questions.
The applicant had also sought information on how many questions were raised in the Assembly by different MLAs with regard to corruption issues in the past two years and what action has been initiated on each such issue till date. He had also asked the action that the Speaker has initiated against several MLAs of the Bhartiya Janata Party who were involved in cross voting during the recently MLC elections.
In response, the Legislative Assembly has said that information about questions regarding corruption cases asked by members during the last two years is lying in the office and the information seeker is requested to collect the same against the cash receipt of Rs 10 per copy in terms of RTI Rules.
“Besides it is informed that the elections to the LC seats were held through a secret ballot in terms of JK Representation of People Act of 1957 and the case regarding cross voting by certain Members of the BJP is sub-judice,” the PIO mentions in the letter, copy of which is with Greater Kashmir.
THE PAST:
Earlier the Assembly, which has passed the RTI legislation, had denied information under the J&K RTI Act of 2009 to an applicant without citing any valid reason. “Kindly refer to your application dated 20-05-2011. I am directed to inform you that your request has been turned down by the Hon’ble Speaker,” wrote BA Wani, Public Information Officer of the LA Secretariat in a letter to the applicant, Meraj-ud-Din Sheikh of Khansahib, Budgam.
The letter No: LA/5187/RTI/2009 dated 01-06-2011 didn’t grounds of denying information.
The applicant then filed a complaint before the State Information Commission. The SIC recently listed the case for hearing wherein the letter was furnished to the applicant.

Protests alone cannot end graft.

Hindustan Times: Vinita Singh: Sunday,28 August, 2011.

Finally, it has arrived. The day when there are mass demonstrations for change. As a social activist working in rural areas and in urban slums, I had fantasised about the time when citizens would demonstrate their power and demand a better India.

Yet, there is disquiet.

We are united in our fight against corruption. The torchbearers of the movement for urgent action on corruption have to be applauded for centre-staging this critical issue. They have to be congratulated for making the government work overtime and pressuring Parliament in taking legislative action to curb corruption. If this kind of mass mobilisation had not happened, perhaps the laws needed would not have been discussed and evaluated.

Yet, why aren’t we all clapping ?

It is because the end does not justify the means the movement has used. The Bill is not the only acceptable version, and the government should consider other versions. There is disregard for consultation and dialogue. This, ‘It’s my way or the highway’ approach is undemocratic as the government’s action in arresting Anna. So, if we must slam the government for their action, we must also question the means being used by the movement torchbearers.

Why is no time being given to the Standing Committee of the Parliament to consult with various sections of civil society? There is a version being proposed by the National Campaign for People’s Right to Information (NCPRI). No doubt, there may be several more versions and inputs available from a number of people and organisations who have worked on these issues for many years. Why is the movement not allowing time and space for consultation?

We all want an effective law or set of laws to remove corruption. This will need diverse experiences and views to be considered and incorporated. Civil society, thank goodness, is not some homogeneous monolith. It cannot and should not be. It must represent the diversity and unique circumstances of the so many different sections of people that make up India. These voices have to be listened to and consensus drawn. So that we have a set of laws that can work.

If this requires more time, so be it.

Dialogue and debate are at the heart of our democracy. This process may be time consuming, deliberative and slow but it is the only way to ensure laws that are effective. Our Constitution itself was a product of intense debate and discussion by nearly 300 Assembly members, over a period of three years and a total of 165 days of sittings! And despite all odds and many foretellings of doom, (including the British journalist Don Taylor who wrote in 1969, “when one looks at this vast country and its 524 million people, 15 major languages in use, the conflicting religion, the many races, it seems incredible that one nation could ever emerge”), the Constitution has served us well as the mother of all laws.

Additionally, the laws that have been passed by the Parliament even in the last few years born after deep discussions, consultations and pressure from various groups have been path breaking and used effectively on the ground with far reaching impact on society. The RTI Act, the RTE Act, the NREGA Act, the Forest rights Act are all examples.

Today again we stand at a historical juncture. We have brought pressure to act. And act the lawmakers must. Let us now allow for debate, consultation and consensus so that we have a set of laws that can truly work in removing corruption and moving us towards the change we seek.
(Vinita Singh is a resident of Andheri and an activist with We The People)

Madhya Pradesh puts EOW, Lokayukta police out of RTI ambit.

The Hindu:Mahim Pratap Singh:SATURDAY, 27 AUGUST 2011.

The Madhya Pradesh government has decided to take the Economic Offences Wing (EOW) and the Lokayukta’s Special Police Establishment out of the ambit of Right to Information Act.

In an order passed on Thursday by the General Administration Department (GAD), the government has declared that the provisions of the RTI Act will not apply to the EOW and the Lokayukta police.

Several high-profile cases of corruption involving government officials and politicians are currently being investigated by the two institutions.

Interestingly, the government has cited the danger to the lives of those seeking information on such cases as the main reason behind the move. Additionally, it has cited that providing information on cases being pursued by the two institutions may hamper investigations.

“Section 8 (1) of the RTI Act provides for exemption from disclosure of information on certain grounds,” the order reads.

While Chief Minister Shivraj Singh Chauhan has urged President Pratibha Patil to give her assent to the State’s Special Courts Bill, 2011, in order for it to curb corruption, civil society activists in the State have termed the order unconstitutional and pointed out that the State government’s recent order seems motivated to protect the corrupt.

RTI activist Ajay Dube of Prayatna, an NGO, has submitted a memorandum to the Governor, appealing for a repeal of the order.

“The government has used, or rather misused, sub-section 4 of section 24 of the RTI Act to pass this order. At the most, they can omit confidential information on cases under investigation, but what’s the harm in providing information on human rights and corruption related cases?,” asked Mr. Dube.

“But they have exempted these two institutions from disclosure of information altogether, which is illegal and unconstitutional. This just shows that the government intends to shield powerful people involved in corruption, including top officials and ministers, against whom investigations are going on in the EOW and the Lokayukta,” he said.

Himachal Assembly adopts HP Public Services Guarantee Bill.

IBNLive.com: SATURDAY, 27 AUGUST 2011.

Shimla, Aug 26 (PTI) Himachal Pradesh assembly today adopted the HP Public Services Guarantee Bill, 2011, seeking to ensure time bound delivery of public services to the people. The bill introduced by chief minister P.K.Dhumal on Wednesday was supported by opposition Congress also. Replying to the discussion on the bill, Dhumal said it would focus on solving the problems which citizens encounter while dealing with departments or organizations or other government agencies providing public services and bring transparency, accountability and responsiveness of the administration. The concerned officials would be required to provide services within a stipulated timeframe and made accountable in case of any delay, Dhumal said. He said the State Information Commissioner of RTI would be the appellant authority to hear the case under this Act and hoped the bill would also contribute to reducing corruption by officials responsible for service delivery. A provision to impose a penalty of Rs 1000 to Rs 5000 has been made in case the concerned authority and officers failed to deliver the service within the timeframe. Participating in the discussion Kaul Singh Thakur (Cong) welcomed the move by government and said it would help the citizens in dealing with day-to-day problem of getting delayed services. However, Kuldeep Singh Pathania (Cong) expressed doubts about efficacy of the Bill in curbing corruption and said only 2.25 lakh employees would come under the purview of the Bill.PTI/PCL

RTI exposes shortcomings in Natipora-Newa-Pul Road Project.

GreaterKashmir.com: SRINAGAR, SATURDAY, 27 AUGUST 2011.

Srinagar, Aug 26: The official documents received by a civil society group under RTI Act have pointed out several shortcomings and flaws in the Natipora-Newa-Pulwama Road project.
The construction of 24-kilometer road is being executed by Economic Reconstruction Agency (ERA).
According to the documents, the work on Rs 29.61 Crore project was started in October 2007 and was to be completed within two years (till October 2009). But a large portion of the road was incomplete on this date. “When the project didn’t get completed, the ERA extended the deadlines. The present date of completion has been put as September 30,” the information reveals.
The details of the project, which were asked by Abu Bakr Educational Society Parigam Pulwama from the Chief Executive Officer (CEO) ERA, revealed huge differences from the approved Short Resettlement Plan (SRP) of the project.
DEFUNCT DRAIN:
As per the drawings, a copy of which is lying with Greater Kashmir, the drainage system was proposed on both sides of the road in built up areas (from RD three kilometer to 22.480 kilometer stretch). But the drains were constructed on only one side of the road in maximum road strips. The absence of drain and ‘uneven level’ at many places affects the residents and the shopkeepers along the road, who complain of ‘water logging’.
According to the representatives of Abu Bakr Educational Society the drains on the sides at Parigam were constructed within the carriage way leaving aside 3-4feets of land. “The locals objected the construction that time. But consulting engineers didn’t pay heed to the several requested,” the representatives said.
The society filed first RTI on March 3, 2009 seeking details about the overall project. “After first RTI application was filed on March 03, 2009 the field engineer accepted that the drain strip was defective and he promised to reconstruct it along the boundary, but till date the defective drain still exists there”, said General Secretary of the Society, Syed Ishtiyaq.
The drawings also reveal that the iron rods were supposed to be used in the drain construction. But according to the educational society members “no iron rods were used and the width is not as per the drawing, which was put as 9 ½ feet.”
In the built up areas, the drawing revealed, the ERA had to construct three layered hard boulders (of cement concrete) of 450mm thickness (150mm GSBC+100mm CC M-15+200mm CC M-25). “But the cement concrete is no where in scene.”
LOWER STANDARDS:
The document revealed that the construction firm, which had bagged the contract, had sublet it to the local contractors.
The process of subletting, the experts believed, lowers the work standards. “The equipments and the manpower that the parent company would have provided, locals cannot”, an Engineer said on the condition of anonymity.

LAND ACQUISITION/ COMPENSATION OF AFFECTED FAMILIES (APs):
The total estimated cost for resettlement operation and management for the Project is Rs 6,653,729 which includes Compensation for land, structures, etc, Resettlement Grant and Administrative Grant.
The project as per the Technical design and Short Resettlement Plan (SRP) on Asian Development Bank (ADB) website, was supposed to acquire 40 strips of land under structures and open private agricultural land measuring 1342.35 Square meters of private land owned by 41 families comprising 197 persons located along the subproject.
According to SRP document the Income loss of only four families will take place and their loss will be compensated as per the ADB guidelines. “Two families fall under BPL category and they are being assisted as per the guidelines given in the entitlement matrix. Land Acquisition will be done as per the provisions of State Land Acquisition Act 1990, preferably through Private negotiation and if necessary through Compulsory Acquisition,” the document reads.
It said the compensation would also be paid for loss of income and subsistence from standing crops including trees (if any affected due to subproject). “Those eligible for compensation will be given advance notice about the dealings. The payment of compensation will be monitored and verified by NGO/Agency as well as representatives of the affected families,” said the document.
The details of the losses incurred by the 42 affected families are also included in the plan. “However many notified families are yet to receive the compensation under the guidelines”, the representatives of Educational society said.
Ali Muhammad Bhat & Muhammad Abdullah Tantray of Wanpora village come under the notified list of APs, but they were not given any compensation. “The ERA issued the notice under which our structures were listed, but they haven’t paid us a single penny”, said Tantray.
He said only few families were paid the compensation due to which main bottle necks were still to be acquired and widened.
Similarly, Abdul Qayoom Mir and Muhammad Sultan Khan had not been compensated for the land and the boundary wall till now.
The APs also alleged that they haven’t received any compensation for the felling of trees. “It’s a violation of the SRP and the technical proposal which we received through RTI”, Ishtiyaq said.
“ERA provides us incomplete information. In a reply to our RTI application they refused that there was any compensation approved in any Asian Development Bank Project,” he said.

OFFICIALS SPEAK:
When contacted, the Project Manager Transport ERA, SK Gandotra told Greater Kashmir that they had tried to use the already existing drains and canals for water outlet. “At some places we gave slope to the road to avoid water logging on the road in absence of drain and the iron rods were used in some places as per requirement,” he said.
On the issue of subletting the work as ‘violation of plan,’ Gandotra said he was not aware of that. “It’s there (contractors) personal matter; our concern is to check whether the contractor is giving us quality work or not”, he said. “Our engineers are doing the quality control continuously and if they find any low standard they immediately cancel the work.”
When asked about the land acquisition he said, “Some 7-8 families have given their land voluntarily for the project and now they are seeking compensation. We had still forwarded there applications to the higher authorities, which would be looked into.”

HC reserves order on keeping CBI out of RTI purview.

Times of India:Friday , August 26 , 2011.

CHENNAI: The legal verdict on the Centre's move to exempt the Central Bureau of Investigation (CBI) from the RTI Act will be out soon.
The first bench of the Madras high court, comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam, reserved orders on the matter on Wednesday.
A petition, filed by advocate S Vijayalakshmi, said the Centre had issued a "covert notification" on June 9 to keep the CBI beyond the ambit of the Act.
Advocate Manikandan Vathan Chettiar, who represented the petitioner, said the Centre's actions were "so blatant" that even 11 days after issuing the notification, it had not published the same, fearing it would be challenged and struck down by the courts.
He added that certain bureaucrats at the Committee of Secretaries' (CoS) meet had disagreed with the decision due to its illegality. The petition sought for a stay on the operation of the notification.
In his counter-affidavit, S Arunachalam, DIG, CBI, denied the charge of dissension among members of the committee.
He added that the Centre had considered a proposal in 2007 to include the CBI under section 24 of the RTI Act. This section exempts intelligence and security agencies from the provisions of the Act.
But when the matter was placed before the CoS at the time, the panel allowed the CBI to function under section 8 of the Act by which it could deny disclosure of sensitive information.
"Since the disclosure of information under the RTI Act was impacting the investigation, trial of cases, intelligence gathering and security of the nation adversely, the CBI moved detailed proposals before the Government of India to include it in the second schedule of the Act," the counter said.
A notification to this effect was subsequently issued on June 9, after weighing the proposals of the CBI and after consultations with the Attorney General and the Solicitor General of India.
"The notification is not issued as a reaction to any expose but it is a well-considered and reasoned decision after due consultation with all concerned and keeping the concerns of the CBI and interest of the security of the nation in mind," the CBI DIG added.
The Centre issued a "covert notification" on June 9 to keep the CBI beyond the ambit of the Act, the petition says.

RTI route for report on Dinhata firing.

Times of India: Ajanta Chakraborty:Friday , August 26 , 2011.

KOLKATA: It took an order under the RTI Act to prod the government into tabling the probe report on Cooch Behar firing before the assembly.

So finally, the Dinhata Commission report which had not been published by the Buddhadeb Bhattacharjee government will see the light of the day. State chief information commissioner Sujit Sarkar on Tuesday passed an order in this regard, following a petition by social activist Utpal Roy. Law minister Moloy Ghatak received the order on Wednesday and decided to have the Justice N C Sil Commission report (on the police firing at Dinhata on February 5, 2008) tabled in the ongoing session of the House.

Even as the Commission of Inquiry Act 1952 entails that it is obligatory for a state government to place an inquiry report before the assembly within six months of submission of the report, the erstwhile Left Front government chose not to adhere to the Act.

The report was submitted by Justice N C Sil to the chief minister's office (CMO) on August 19, 2010, but the Left Front government feared that if the report was made public, it could snowball into a major issue, embarrassing the ruling alliance as it could have tainted Front partner Forward Bloc for inciting the firing, said an official.

Five days after the firing in Cooch Behar's Dinhata, a judicial inquiry by Justice Narayan Chandra Sil was ordered. Five Bloc supporters and a National Volunteer Force (NVF) jawan were killed. The magisterial inquiry revealed that police had been forced to open fire.

It said that police had fired on a 3,000-strong mob which was on a law violation programme, then home secretary Prasad Ranjan Roy had said.

Bloc supporters and activists had barged into the office of the Dinhata subdivisional officer and tried to set it on fire. They tried torching police vehicles as well. Police lathicharged and lobbed tear gas shells to disperse the protesters. When that did not work, they fired 30 rounds. A National Volunteer Force (NVF) jawan was beaten up by the activists and he succumbed to his injuries a day later. More than 30 policemen were injured. Dinhata has been a stronghold of the late Forward Bloc leader Kamal Guha, who served as a Front minister for several years.

The firing created a furore, with the opposition - along with Left Front constituents RSP and CPI - demanding a judicial inquiry. As a damage-control measure to soothe the frayed nerves of the Bloc, the government transferred two senior police officers. But the firing strengthened anti-CPM sentiments among the Front partners, Forward Bloc, RSP and CPI, who had formed an unofficial mini-Front within the Left Front at that time.

Social activist Utpal Roy, who had submitted a petition under the RTI Act 2005 to the principal secretary to the chief minister on August 8, 2010, seeking a photocopy of the Dinhata commission report, has been chasing the matter ever since. As the last government turned a deaf ear, he approached the state information directorate and the matter was heard on July 29 this year. Finally, on Tuesday, chief information commissioner Sujit Sarkar passed the order.

Moodbidri: RTI officer accused of withholding information.

Bellevision:Friday , August 26 , 2011.

Moodbidri, 25 August 2011: Jaison Suvaris Takode, the editor of nammabedra.com, has accused A. V. Ganesh, the RTI officer of Moodubidri Town Municipality of not providing information requested under the RTI Act. He was addressing reporters at a press conference held at Moodubidri today.

Mr. Suvaris said that he had requested information about permission granted to construct buildings within municipality limits, under RTI Act of 2005, on June 24, 2011, and that the officer was required to provide the information within 30 days. Although 60 days have passed after Mr. Suvaris applied for the information, the officer stands guilty of the grave offence of not providing the information. The officer could be given a grace period of 15 days to supply the information, but he has not done so even after one month, complained Mr. Suvaris.

Alleging that corrupt officials are not adhering to RTI laws, Mr. Suvaris said that the officer’s failure to provide the required information proves that things are not going on in a legal manner at the Moodubidri Town Municipality. Mr. Suvaris said that he intended to publish the information on his website, but since the officer is not providing the required information, he has decided to lodge a complaint with the district commissioner of Dakshina Kannada district.

Complaining about the irregularities at the municipality, he said the officers have absolutely no discipline and do not provide required services in time, causing a lot of inconvenience to the public. He alleged that concerned officers harass the people by taking days just to sign documents that are already in order.

He accused the officer of refusing to provide the information because it might bring to light certain shocking scams. He said that he will lodge a complaint with the DC of DK and the chief secretary of the Government of Karnataka, demanding justice.

Takes more than guns to kill…

Hindu Business Line: Aditi Nigam:Friday , August 26 , 2011.

It's good to fight for effective laws that guarantee basic rights to people. But, after that ? The Right to Information Act (RTI) is one of the most enabling legislations passed in recent years. It has helped unearth many a scam across the country and is the most potent tool in the hands of citizens today to stop any wrongdoing by government officials and authorities.

This Act has, nevertheless, led to the snuffing out of precious lives of courageous and promising young activists, whose only crime was to take on the local power nexus. According to official figures, in the past few months, as many as 10 RTI activists have been killed in various parts of the country. The number is much higher, according to activists.

Activist shot:

The latest in the series of such killings is the murder of Shehla Masood in Bhopal. Unfortunately, the news of her murder was buried in the din of the Lokpal Bill protests. The day after Independence Day, Shehla, an RTI activist in her late thirties, was about to leave her home in an upscale locality in Madhya Pradesh's capital to take part in a support rally for Anna Hazare's fast. But before she could start her car, she was shot dead by an unknown assailant. Her aunt, who did not hear the car leave, came down to check and found Shehla slumped on the driver's seat of her Santro.

Shehla, say her friends, was a gutsy woman who was involved in taking up many environmental causes in her State, such as protection of forests, rivers and wildlife, including tigers. Of late, she was active in the movement to save the watershed of the Panna Tiger Reserve and the Shyamri River in Madhya Pradesh, one of the cleanest in the country, from NYSE-listed transnational diamond company, Rio Tinto's mining activity.

Even the Rural Development Minister, Mr Jairam Ramesh, acknowledged her zeal and expressed shock at her death. He recalled the numerous interactions he had with her on issues concerning tiger conservation and environment when he was Environment Minister. He has written to the Madhya Pradesh Government demanding a probe.

Living under threat:

Predictably, the Madhya Pradesh cops started floating theories of a possible suicide, even as the CBI is now looking into the case. Besides killings, attacks on RTI activists have been on the rise. This is apart from the daily threats that they and their families live under.

Doesn't the entire purpose of such an enabling legislation get defeated if there is no protection for all those who stand up to take on the powerful and moneyed? These are just RTI activists, but there are hundreds of others, including journalists, who have lost their lives in the process of exposing the powerful, such as Satyendra Dubey, Manjunath and J. Dey.

The Government says it is framing a law to protect whistle-blowers. However, the process needs to be speeded up. Moreover, unless the law is strong and its implementation is enforced, it may go the same way as many others.

There have been instances when activists have asked for protection, but the local authorities, under pressure from politicians or money power, have denied it. Probably, the Gujarat RTI activists have shown the way they have formed a union. If that's the way to get your voice heard, so be it !

The place for it.

Indian Express:Friday , August 26 , 2011.

The prime minister, speaking in the Lok Sabha after the House had debated corruption and the Lokpal, stressed Parliament’s right and responsibility to make law. Yet he stressed the need to find a “via media” between that constitutional principle and the maximalist demands of those around Anna Hazare. In his appeal to let Parliament consider the government’s draft, as well as suggestions from elsewhere from Hazare, from the RTI campaign, even from Dr Jayaprakash Narayan of Hyderabad the PM struck the note his government should have sounded firmly at the start. It is clearer than ever now how ill-advised was the farcical “joint drafting committee” with Hazare’s nominees, which shut out other voices, reducing the process of policy compromise to a spectacle: a shouting match between an apparently compromised government and stern, unyielding pillars of “civil society”.

Yet, as the NAC’s Aruna Roy pointed out, the legislative process is not a rubber stamp. The RTI Act was amended 150 times during the committee stage, and the prime minister’s assurance that the committee should take the best bits of each bill should have been loudly trumpeted at the start. Parliamentary committees exist to strengthen legislation; it is no coincidence that this paralysed government, which seems to think of legislation as an afterthought, has been so far unable to make the case to doubters that the appropriate standing committee will turn out the best bill possible. The examination of the Lokpal bill by the appropriate committee will be much scrutinised, and it should be thought of as an opportunity to demonstrate openness and efficiency an opportunity, indeed, to renew and strengthen constitutional institutions, the way parliamentarians across parties seemed to wish to, yesterday. Anna Hazare and team have played no inconsiderable part in causing other voices to speak up with suggestions; they should play an important role in the committee-led process of deliberation.

The prime minister’s suggestion, too, that Parliament should debate aspects of the various drafts that diverge from each other, as crucial input for the committee, is well taken. Sharad Yadav had pointed out that no institution is as representative as Parliament; if it is not trusted by those shouting for the Jan Lokpal Bill in the streets, that is partly because it is not, often enough, the location for the sort of deliberative discussion of policy which the PM is now urging. This, too, if carried forward with sobriety and seriousness, will add to India’s institutional strength the only possible response, at this moment of questioning.

RTI applicant ostracised.

The Sangai Express:Friday , August 26 , 2011.

Imphal, August 25 2011:An individual who had applied for information under RTI Act with regard to construction works of primary schools under SSA and implementation of mid-day meal has been not only threatened but also boy-cotted in his own village by some people.

Talking to mediapersons in this connection, Thangjam Biren Luwang of Wakhong village informed that on April 27 this year, he submitted an application under RTI Act to the State Project Director, SSA, State Mission Authority, Manipur through the State Public Information Officer seeking information on Wakhong Primary School located under Khundrakpam A/C of Imphal East district.
He had wanted to know whether land on which the building of the primary school being constructed belongs to the school or not.
If the land belongs to the school, then to provide the patta and the map and if not, then to provide the detailed information about the rate of the land, drawing of the building being constructed and the names of the individuals being engaged for the purpose.
In addition to this, Biren had also sought information on the sanction orders for money and material related to implementation of Mid-Day meal from 2008 to 2011 in the said primary school, the names of the existing teachers, the required number of teachers, benefits entitled to the students, amount of the money spent on maintenance of the school and APRs .
But some individuals from his village threatened him to withdraw the RTI application on May 13 and 15 . Following the threat, Biren again lodged a complaint with the State Information Commission on May 17 .
Subsequently, the Commission issued an order directed the SP of Imphal East to take necessary action against all those involved in threatening the RTI applicant. But the order has not been complied with.
Accordingly, another compliant similar to the one lodged earlier on May 27 had been submitted on July 1 and 2 .
On July 3, Biren was invited to attend an meeting of the School Management Development Committee.
But he and his family members have been boycotted from the village for his refusal to withdraw the RTI application.
Contending against the boycott as extra-judicial, Biren lodged another complaint with the SP of Imphal East praying for taking up necessary action against all those involved.
But nothing has come out of it on account of political influences, Biren rued.
In connection with the response of the Commission to his application, Biren explained that the land on which the school building is being constructed belongs to two persons namely Mangi Devi, wife of late Maharaj Dhanendra and RK Nimai s/o Maharaj Priyobarta of Rajbari.
Construction of the school building on the land which has its owner but disputed even though the school has its own land is wrong, Biren contended and added that the issue he has taken up is not of his personal interest but of the whole village.
In its response, the Commission pointed out that there were 95 students in the school in 2008 and 129 students in 2009 as well as in 2010 . But at present, there are just 13 students in the school although the School Committee put the figure at 71, Biren said.
He asserted that what the SMDC has been doing is nothing short of contract work with an eye on misusing the fund provided for development of the school including implementation of Mid-Day meal. But the SMDC was afraid that their misdoings would come to the open. So, he has been threatened and boycotted from the village.

CIC snubs IB over property case.

Daily Bhaskar: Abhishek Gaur:Friday , August 26 , 2011.

Jaipur: The Intelligence Bureau comes under the Right to Information Act. On an RTI application moved by an 82-year-old woman in Rajasthan, the Central Information Commission (CIC) has directed the country's intelligence agency IB to furnish details of a person who has become vital to the proceedings in the court of law.

The IB was instructed to part with information about Dr Vijay Kumar Vyas, who is a key player to a case of property dispute pending with the Rajasthan High Court.

According to the CIC's documents, 82-year-old Adarsh Sharma is contesting the ownership of a prime property in Jaipur which her sister allegedly disposed off to a jeweller, several years ago. Sharma filed an appeal with the CIC seeking information from the Bureau of Immigration (a wing of the IB) and the union ministry of home affairs on the whereabouts of Vyas, who happens to be her sister's son.

She had earlier approached the IB for information, which was denied to her. The IB denied furnishing any information stating that as per provisions of the RTI Act 2005 Chapter IV, section 24 (1) and second schedule, the the agency is exempted from providing any information details on the subject.

RTI Act almost defunct in state.

The Times of India: Anindo Dey:Friday , August 26 , 2011.

JAIPUR: Even as the state tries to provide a corruption-free government with the Lokseva Guarantee Bill, a similar venture by it earlier has fallen by the wayside. With no chief information commissioner (CIC) in the state for the past five months the much-trumpeted Right To Information (RTI) Act, which aims to bring in transparency, has almost become defunct. Incidentally, Rajasthan had taken the first steps in bringing this law in the country.

According to Kamal Tak, an activist of the Suchna Evum Rozgar Ka Adhikar Abhiyan, "The implementation of the RTI Act is in a pathetic condition in the state. The commissions' office is absolutely defunct with nearly 5,000 second appeals awaiting a hearing. The information commissioner (IC) has refused to hear these appeals in the absence of the head of the commission who is the CIC."

Under the RTI Act the every state is required to have one CIC and nine ICs. Rajasthan had appointed a CIC in 2006, six months after the implementation of the Act, but had failed to appoint any IC. It was only recently that T Srinivasan, retired IAS, was appointed as the sole IC in the state.

Section 15 of the Act provides that whenever an application for any information is denied information or given inappropriate information or is given half-baked information, he or she can make a first appeal to the department itself. Thereafter, if he still remains unsatisfied he can go for a second appeal to the information commissioner and a final appeal to the CIC.

"But with no CIC present in the state, the IC has refused to hear appeals. Incidentally, Section 15 of the Act is also not clear of what action can be taken in such a situation," Tak said.

Tak had, in August, filed an RTI with the public information officer of the administrative reforms department, the nodal body in the state for the Act. The application had inquired on the steps taken by the state government for the appointment of a new CIC after the retirement of D Kaurani, the former CIC in April.

In its reply, the public information officer of the administrative reforms department had disclosed that prior to the retirement of the CIC the principal secretary of the administrative reforms department through the chief secretary had written to the CMO for the appointment of a new CIC. Later, the department also apprised the CMO that due to the non-appointment of a CIC, RTI appeals are not being heard. But the CMO is yet to arrive at a decision.

"The CIC of any state is to be appointed by a committee comprising the chief minister, the leader of the Opposition and a cabinet minister. Provisions in this regards are mentioned in Section 15(3) of the RTI Act but in our state it is the lack of political will that the committee is not able to meet," said Tak adding that persons such as a journalist, social activists or retired IAS etc can be appointed as the CIC.

"The fact is that the as chief minister Ashok Gehlot and leader of Opposition Vasunhara Raje do not see eye-to-eye they are not meeting and delaying the appointment. Earlier, reasons that were cited is that Raje had gone off to London on personal work and so she was not able to meet Gehlot. But now that she is back, immediate measures must be taken to appoint the CIC. Else, even after having taken the lead in the implementation of the RTI Act, its plight in the state will make it a laughing stock," sources said.

Tak added in such a situation all that the state needs to do is to reappoint the IC as the CIC but even such an initiative is absent in the state.