Journalist of Paul Khol channel who made a WhatsApp call to the school administrator and demanded a ransom of 10 lakhs was caught IG News

IG News: Ahmedabad: Sunday, 30 April 2023.
A complaint has been filed against private TV editor Ashish Kanjaria for demanding ransom of 10 lakh rupees from the administrator of a private school in Maninagar. Polkhol is said to be the editor of YouTube channel, president of the parent body and RTI activist since 2017 to the trustees of more than 30 schools in Ahmedabad city and Ahmedabad district through WhatsApp. Kholi TV YouTube channel videos, earlier RTI. By sending applications and messages, he threatened the trustees of the school, asking them to give money if he wanted to run the school, demanding ransom, and threatening to extort money if they refused.
According to the complaint filed by Sanjaysinh Dharampalsingh in the crime branch, education from 9th to 12th is going on in Adunova Science Higher Secondary School in Maninagar. Ashish Kanjaria, the editor of Polkhol TV called me on WhatsApp and said that I have defamed Polkholi through my Polkhol TV by filing RTIs against many schools. I want to meet you in person. Saying that, he used to send messages and YouTube videos related to different schools. After meeting him face to face, he said that I have opened the polls of many schools. You give me ad for my channel. I told him I would have to speak to the other trustees.
When we refused to give the ad, he said that you are running Adunova Science Higher Secondary School illegally and threatened to close the school by demanding Rs 5 lakh. After that, they called to meet face to face and transferred 25 thousand rupees to the bank. He then filed false RTI applications demanding Rs 2.25 lakh more but refusing to give it. To which we have already replied in the DEO office. After that, Ashish Kanjaria demanded 10 lakh rupees if the school is to be continued. The school administrators have also given the recording of the face-to-face meeting to the crime branch. Based on the complaint filed in the crime branch, the police have conducted further investigation. The accused has revealed that many students were given admission with money under the right to education.

Curb repeated RTI Act violations

Daily Excelsior: J&K: Sunday, 30 April 2023.
The Central Information Commission has cautioned multiple Public Information Officers of the UT of Jammu and Kashmir for violating the timelines stipulated under the Right to Information Act, 2005. In one case, an RTI application filed before the Block Development Officer in Rajgarh was not responded to, leading to the appellant filing a first appeal, which was also not adjudicated by the First Appellate Authority. The appellant then approached the CIC with a second appeal. The CIC observed that adequate information had been provided, but there had been a significant delay in providing it to the appellant. The CIC cautioned the PIO to ensure such violations do not occur in the future, failing which appropriate action would be taken under the law. In another case, an RTI application was filed before the PIO in the Raj Bhawan Secretariat, but the respondent claimed not to have received the application. The CIC directed the Under Secretary to submit an explanation to the Commission. A similar note of caution has been issued to several other PIOs of the Government of the Union Territory of Jammu and Kashmir by the CIC. There could be various reasons why some PIOs defy the RTI Act. Some PIOs may not be aware of the provisions of the Act and their obligations under it. Others may lack the necessary resources or training to effectively respond to RTI applications. In some cases, PIOs may deliberately delay or withhold information due to fear of exposing corruption or malfeasance within their department or organisation. There could also be instances of bureaucratic inertia or resistance to change where PIOs may not fully appreciate the importance of transparency and accountability. The RTI Act, of 2005, provides for penalties in cases of non-compliance with its provisions. If a PIO fails to provide the requested information within the prescribed time limit or provides incomplete or false information, the applicant can file a complaint with the relevant Information Commission. The Information Commission has the power to impose penalties on the PIO, including a fine of up to Rs. 25,000 and a recommendation for disciplinary action. If the non-compliance is found to be deliberate and mala fide. Additionally, if the PIO has provided false information, they may be liable for disciplinary action and criminal prosecution under the relevant laws. It is important for PIOs to take their obligations under the RTI Act seriously and to ensure that they comply with its provisions in letter and spirit. The RTI Act acts as a deterrent, helps promote transparency and accountability in Government operations, reduces opportunities for corruption, and encourages citizen participation in the fight against corruption. The RTI Act needs to be taken seriously because it promotes transparency, enhances accountability, empowers citizens, prevents abuse of power, and encourages good governance. Frequent disregard of the RTI Act may undermine its effectiveness and diminish the confidence of the general public in the Government’s sincerity towards promoting openness and responsibility. When citizens are unable to obtain information, their ability to participate in decision-making and hold public servants accountable for their conduct is curtailed. Refusal by Government officials to share information can foster a climate that favours corrupt practices, leading to a sense of immunity among public servants who may believe they can act with impunity. It is concerning that in Jammu and Kashmir, officers are repeatedly defying the RTI Act, and it appears that no significant action is being taken against them. This is a serious issue, as the RTI Act is a crucial tool in ensuring transparency and accountability in governance. It is essential that the authorities take the necessary action to ensure compliance with the Act, and those who violate it must be held accountable for their actions. Failure to take any action against those who defy the RTI Act undermines the very purpose of the Act and erodes public trust in the Government.

NMMC’s Airoli office doesn’t have OC: RTI

Times of India: Navi Mumbai: Saturday, 29 April 2023.
The Navi Mumbai Municipal Corporation (NMMC)-run Airoli ward office does not have an occupancy certificate (OC), activists have alleged after getting reply under the RTI.
Earlier, it used to be the gram panchayat office, but was converted into the ward office after the formation of NMMC in 1992.
Almost all the works of the civic body including property tax collection, and administrative, besides revenue department talathi office works, are done from the sector 3 located office.
The ground plus two-storey office used to once house the gram panchayat era works. Locals were using the office for various purposes. However, it was later developed twice the size, to house more staffers after the NMMC came into force.
RTI activist Anarjit Chauhan had on February 28 applied for copies of the construction commencement and occupancy certificate as per provisions under the Maharashtra Regional Town Planning (MRTP) Act.
He has also sought the approved plan copy with alterations thereto besides any complaints received online/offline by the NMMC officials. The NMMC public information officer Rajesh Pawar in his reply on March 17, said nothing is available.
Chauhan said, “The NMMC is serving notices to anyone who has not obtained permission for construction, occupancy certificate, but the same rule is not applied to them. It’s quite surprising that a government office runs contrary to the basic rules. If any untoward incident happens then who will be responsible for the technical faults.”
An Airoli resident Shrirang Patankar said, “The gram panchayat era office has been developed to cater to more requirements with a rise in its floor level. Many people are coming to the office daily for several decades.” Another activist Sudhir Pawar said, “The ward office has undergone renovation twice in the past to the best of our knowledge.”
The NMMC deputy engineer Bandu Shirose said, “The building was constructed before 2010 but no construction commencement and occupancy certificate is available with our town planning office when checked by us. For government offices technical scrutiny is done.”

RTI seeking panel report on Panje wetland draws blank : By Sameera Kapoor Munshi

Hindustan Times: Mumbai: Saturday, 29 April 2023.
Three years after the formation of the sub-committee by the direction of the High Court to verify the status of all wetlands in Uran identified under the National Wetland Inventory Atlas (NWIA), activists trying to access reports made by the committee post its visit to the area have hit a dead end.
The sub-committee report was deemed to be vital for protecting and conserving the wetlands as over the past four years, the sensitive wetlands at Dastan Phata, Bhendkal and Savarkhar are totally destroyed, observed environmentalists .
Local activist Nandakumar Pawar, head of Shri Ekvira Aai Pratishtan, said the destruction continues to be a serious matter in the ecologically sensitive Uran region which has been experiencing floods even in summer months due to the blocking of free flow of tidal waters which were earlier absorbed by the wetlands. “As per BNHS statistics over 250,000 birds used to visit Panje wetland alone, said Pawar. “But now we find that the wetland goes dry off and on with the blocking of tidal water inlets,” Pawar who is fighting various legal battles to save Panje.
Observing that the region’s biodiversity continues to suffer, information was sought under the Right to Information Act (RTI) from Konkan Divisional Commissioner who also heads the High Court mandated committees. Environmental activist BN Kumar on 26 February had sought under RTI the report filed by the committee post its visit to Panje wetlands. “My application was forwarded to the Principal Chief Conservator of Forest and they in-turn have reverted stating that the office has no details regarding the report.” said Kumar, Director of Nat Connect Foundation.
In 2020, the sub-committee was required to submit a detailed report on their findings within 15 days of its constitution. The Raigad district administration informing the HC about Uran Taluka having no wetland sites had then prompted the High Court (HC) appointed Konkan wetland grievance redressal and state mangrove monitoring committee to form the sub- committee.
Kumar said he had filed the RTI application since no information is available in public domain on the study of the subcommittee nor does it figure in any of the HC Committees’ minutes of meetings.
The sub-committee was supposed to have had representatives from the Raigad district collector, the environment and forest departments, police and CIDCO along with representatives from the NGO Vanashakti. “There was no proper visit ever done by the committee nor did we receive a report of the token visit done earlier,” said Stalin.

CIC Does Not Find Larger Public Interest in Informer Seeking Investigation Status: Vinita Deshmukh

Moneylife: Pune: Saturday, 29 April 2023.
The informer, who claims to have provided vital clues of huge tax evasion to the principal director of income tax (investigation), Kolkata, on the basis of which the central bureau of investigation (CBI) and enforcement directorate (ED) were able to arrest Enamul Haque, known to be the kingpin of cattle smuggling, desired to know the investigations done by these agencies.
Taking the route of the RTI Act, the informer flaunted in his RTI application that “the total investigation/ enquiry against the cattle smuggler Enamul Haque in Lalgola district Murshidabad was done on the basis of my Information. I unearthed the secret sources of his unauthorised income and his illegal cattle smuggling and informed the Principal Director of Income Tax (Investigation) Aaykar Bhavan, Kolkata, the ministry of finance and the Prime Minister's office.”
He sought the following information on 8 April 2022:

1. Date from which the above investigation of evasion of income tax against the said Enamul Haque was started by the income tax department Kolkata.
2. The total amount of black money related to the illegal cattle export recovered from the said Enamul.
3. The total amount of income tax including fine & penalty recovered from Enamul Haque in relation to the illegal cattle smuggling/ export to Bangladesh since 2015 till date.

The central public information officer (CPIO) forwarded the application on 10 May 2022 to the relevant authority but replied that the information sought by the RTI applicant falls under personal information and so is exempt from disclosure under Section 8(1)(j) of the RTI Act and 8(1)(e) of the RTI Act (as the information is held in a fiduciary capacity.)  The CPIO also stated that his public authority is not within the ambit of the RTI Act. The informer filed a first appeal in June 2022 but did not get the information.
As the informer had filed a second appeal, his case was heard early this week, on 25 April 2023. Central information commissioner (CIC) Saroj Punhani heard the appellant through video conference and CPIO Amit Kumar Barua, through audio conference.
The informer argued that his reward as an informer was based on these documents and, in any case, Enamul Haque had been established as a hard-core criminal so information about him should not be a secret. He said to the CIC, “Enamul Haque is a hard-core criminal, evader of huge income tax, owner of huge illegally acquired property and having an international terrorist connection, so he cannot be treated as normal income tax payee.
“The total investigation all over lndia against Enamul was initiated by the income tax, CBI and ED and the recovery of huge unauthorised/ illegal income tax evaded money was on the basis of my information. And if no information would have been provided by me; there was no scope by the income tax or other department to proceed for any investigation and recovery of a huge amount of illegal money and income tax.”
The reason why he must have his information was: “As I have to give evidence before the court to prove the offence related with income tax and other departments; as it is related to the payment of informer reward; as all the investigation by the IT department against Enamul in relation to my complaint/ information has been completed by the income tax investigation unit; as the income tax assessment unit is not falling under the provision of exemption under RTI Act and not mentioned in the 2nd schedule; as the information sought was only in relation to the unauthorised and illegal money acquired from the illegal cattle export to Bangladesh,” he should be provided the information.
Decision:
The commission observed that the reply of the CPIO is appropriate in the matter. Ms Punhani further noted that “the information sought for by the applicant such as assessed incomes, income tax demands, penalties, etc., are personal information and are exempt from disclosure under section 8(1)(j) of the RTI Act…that information sought by the informer related to third parties and disclosure of the same stands exempted under Section 8(1)(j) of the RTI Act.”
The CIC quoted the exemption of Section 8(1)(j) of the RTI Act which states, “Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen: (j)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.”
Ms Punhani also observed that the informer has not argued larger public interest in the disclosure of the information, “rather has harped on the fact that he was the informer and therefore has a right to the desired information so that, if required, he can supplement the case further in court against Enamul Haque and that it concerns his informer reward. The same does not translate into larger public interest,” and, hence, rejected the informer’s second appeal and upheld the CPIO’s reply.

No plans yet to improve conditions in country’s most polluted industrial cluster, reveals RTI

Hindustan Times: Mumbai: Friday, 28 April 2023.
More than a year after the Maharashtra Industrial Development Corporation (MIDC) was rapped for effluent pollution in creeks and fields near their township in Tarapur, the Maharashtra Pollution Control Board (MPCB) is yet to finalise an action plan to remediate environment and public health in the affected villages, an RTI has revealed.
The January 2022 National Green Tribunal (NGT) judgement, in which 103 industries were fined to the tune of ₹260 crore, mandated an action plan to remediate environment and public health in the affected villages.
MIDC Tarapur in Palghar district in 2018 was ranked as the country’s most polluted out of 88 industrial clusters, as per the Central Pollution Control Board’s (CPCB) Comprehensive Environmental Pollution Index (CEPI). It is spread across 15 villages, where the population is largely indigenous and involved in artisan fishing, in addition to agriculture and salt making.
The petitioner in the matter, the Akhil Bhartiya Mangela Samaj Parishad (ABMSP), had first moved the NGT in 2016 with the grievance that water resources, which provides a livelihood to locals, were being subjected to “grave degradation” at the hands of respondents through the discharge of untreated industrial effluents.
However, in response to the RTI query by Narendra Naik, spokesperson, ABMSP, seeking to know what steps have been taken in line with the NGT judgement, the MPCB wrote, “The action plan has not yet been finalised, thus information is nil.”
As per the NGT order, the plan for remediation was to be in place by April 2022 and was to be executed by April 2023. The response also revealed that the MPCB has collected just over ₹93 crore in compensation from the penalised industries as of March 2023, but no information was given as to how much of this corpus has been utilised for improving environmental and public health conditions.
In January 2022, the NGT had instructed that “the amount of compensation shall be utilised for remediation/restoration of environment and healthcare activities of the people in the area under guidance and supervision of a committee comprising CPCB, MPCB, a senior medical expert nominated by secretary, medical and health department of the Government of Maharashtra, National Institute of Oceanography and collector, Palghar.”

Re-evaluation of answer scripts can’t be claimed as a matter of right: Delhi HC

The Indian Express: New Delhi: Friday, 28 April 2023.
While dismissing a student’s plea seeking directions to the Central Board of Secondary Education (CBSE) to re-evaluate and rectify her Class 10 mathematics answer book, the Delhi High Court said re-evaluation of answer scripts cannot be claimed as a matter of right.
A single judge bench of Justice Mini Pushkarna in its April 11 order observed that the student who sought re-evaluation of her Class 10 board maths answer script, which took place in 2018, had not applied for re-evaluation within time.
“Re-evaluation of answer scripts cannot be claimed as a matter of right. It is always subject to the Rules laid down by the examining authority. This Court cannot be oblivious to the fact that the Board Examinations for Class 10 and Class 12 are conducted by the CBSE at an All India Level. If the schedule as prescribed by the examining authority…was not to be adhered to as per the timelines given, then the whole process of examination would be difficult to be completed in a time-bound manner,” the HC said.
“This would have a cascading effect in that the examination process conducted in a particular year will not attain finality…Therefore, when the petitioner failed to apply for re-evaluation within the time granted, this court will not interfere to give directions in this regard beyond the time schedule prescribed by the examining authority,” it added.
The student had also challenged a notice issued on May 31, 2018, by CBSE laying down the modalities and schedule in respect of the process of verification and re-evaluation of answer books for the candidates who appeared in Class 10th and 12 board examinations for the year 2018.
On this, Justice Pushkarna observed CBSE had given a procedure for evaluation and an examining authority has the “autonomy to lay down Rules pertaining to conduct of an examination, re-evaluation, etc”. “Any claim for reevaluation, as raised in the present case, would be subject to the Rules laid down by the examining authority. The petitioner having failed to adhere to the procedure and timelines for re-evaluation as laid down by the CBSE, no relief can be granted,” the HC said dismissing the plea.
The court also noted that a large number of students appeared in the CBSE board exam and if the process of verification of marks and re-evaluation of examination is not followed strictly as per the timeline, then the whole process will become “unworkable”.
The student had contended that she scored 80 marks in her maths exam which were below her expectation. After her father applied for verification of the marks, the court was informed that as per the online status on the CBSE website, no mistakes were found in the marks awarded to her.
After having applied for verification of marks, the student did not apply for a photocopy of her answer sheet and re-evaluation of the answer sheet as provided by CBSE in the said notice. She got the photocopy of her answer sheet under the Right to Information Act in August 2018 by which time the window for applying for re-evaluation was already over on June 22, 2018.
On this point, the court observed that as admitted by the student, she had failed to apply for the photocopy of her answer sheet and re-evaluation of the same within the stipulated time as per the process laid down by CBSE. “Accordingly, the petitioner is not entitled to relief of re-evaluation of her answer sheet at this belated stage,” the HC said.

Delay in RTI info: Central commission warns Bhalwal official for violating RTI Act

Hindustan Times: Chandigarh: Friday, 28 April 2023.
The Central Information Commission has warned a former tehsildar for providing delayed information to an information seeker. The CIC expressed displeasure and warned that future lapses would attract penal action. The warning came after advocate Sheikh Shakeel Ahmed moved an RTI application seeking information on state land occupied by former deputy chief minister Kavinder Gupta. The former tehsildar apologized for the delay and requested the show cause proceedings against him be dropped. The CIC accepted his explanation but warned against future lapses.
In a significant order, a bench of the Central Information Commission at New Delhi headed by chief information commissioner YK Sinha has warned the then Bhalwal tehsildar Amit Upadhayay for providing delayed information to the information seeker advocate Sheikh Shakeel Ahmed.
Advocate Ahmed had moved an RTI application on April 7, 2021, seeking information with regard to the state land comprised in khasra number 1789 situated in Ghaink village of Bhalwal tehsil, under the alleged illegal occupation of former deputy chief minister Kavinder Gupta.
While expressing displeasure over the conduct of the then Bhalwal tehsildar, the CIC directed that such lapses in future will attract necessary penal action as per the RTI Act-2005.
The CIC, while disposing of the second appeal filed by Advocate Sheikh Shakeel Ahmed on January 20, had issued an explanation to Upadhayay to justify the delay in supplying the information to the information seeker and also directed as to why penal action be not initiated against him for violation of the mandated timeline as provided under the RTI Act-2005.
Upadhayay filed his reply to the show cause notice and tendered unconditional apology for delay in providing the information to the appellant.
He further requested the CIC that his explanation be accepted and the show cause proceedings against him be dropped.
Sinha after considering the explanation of Upadhyay observed and directed that in view of the explanation on the violation of the RTI Act is condoned on the occasion and the show cause proceedings against him is hereby dropped. However, the CIC while expressing displeasure warned Upadhayay that such lapses in future will attract necessary penal action as per the RTI Act.

Andhra Pradesh: Central Information Commissioner calls for using videoconference facility to hear appeals of RTI activists

The Hindu: Guntur: Thursday, 27 April 2023.
The CIC also suggests introduction of e-office and online system of filing RTI applications to increase accountability
Central Information Commissioner Heeralal Samariya has advised the Andhra Pradesh Information Commission to use videoconferencing technology while addressing the complaints of the Right To Information (RTI) activists.
Mr. Samariya, who visited the office of the A.P. Information Commission at Mangalagiri on Wednesday, interacted with R. Mahaboob Basha, Chief Information Commissioner, and other Commissioners and officials.
Mr. Samariya said that by adopting the video-conference hearings, the Commission could reduce many problems of the applicants, activists, Public Information Officers and other stakeholders.
He also suggested introducing an e-office and online system of filing RTI applications to increase the accountability on the part of the information providers and transparency in delivering the services.
Reacting to the suggestion of the Central Information Commissioner, Mr. Basha said that they would take proactive steps in that direction. Mr. Basha said they would work on the proposal of facilitating online applications and e-office systems.
Mr. Samariya said that the CIC should have its own office building, which would reduce unnecessary burden on the State exchequer.

CIC cautions several PIOs of UT

Daily Excelsior: Jammu: Thursday, 27 April 2023.
Central Information Commission (CIC) has cautioned several Public Information Officers (PIOs) of the Union Territory of Jammu and Kashmir against violating timelines stipulated under the Right to Information Act, 2005 for furnishing information to the applicants. Moreover, the transparency watchdog has sought explanation from an officer of the rank of Under Secretary.
As per the details available with EXCELSIOR, an application under RTI Act was filed before Block Development Officer, Rajgarh in Ramban on November 18, 2021 seeking information about the number of beneficiaries of PM Awas Yojna and amount sanctioned under Back to Village Programme.
Having not received response from the PIO, the appellant filed first appeal dated 07.01.2022 which was not adjudicated by the First Appellate Authority (FAA) and aggrieved and dissatisfied, the appellant approached the Central Information Commission with the Second Appeal.
After hearing both the sides, Chief Information Commissioner Y K Sinha observed, “the Commission is of the view that adequate information as per the provisions of the RTI Act, 2005 has been provided by the respondent but there has been a significant delay in providing the information to the appellant”.
Accordingly, the Commission has cautioned Sandeep Singh, BDO, Rajgarh to ensure that such violations of the timelines stipulated under the RTI Act, 2005 do not recur in future failing which appropriate action will be taken under law.
Similarly, an application under RTI Act was filed before the PIO in the Lieutenant Governor’s Secretariat on December 27, 2021 seeking information vis-à-vis action taken on the memorandum submitted by All J&K Panchayat Conference.
During the hearing of Second Appeal before the Central Information Commission, the respondent represented by Mayank Sharma, Under Secretary stated that the RTI application was not received by them. The application could not be traced despite efforts made to ascertain the status of the letter through the Senior Post Master General who had informed them that only records of the last 6 months were maintained by them. He also stated that had the Complainant filed a first appeal, efforts would have been made to provide the information as per available record at an earlier stage.
“The Commission observes that the instant matter is a complaint filed under Section 18 of the RTI Act, 2005 where the Commission is only required to ascertain if the information has been denied with a malafide intent or due to an unreasonable cause which the Commission is unable to conclude in the present instance”, the Chief Information Commissioner said.
However, Mayank Sharma, Under Secretary has been directed to submit an explanation to the Commission by May 15, 2023 narrating the factual position in this matter.
Likewise, an application was filed before PIO General Manager SICOP Srinagar on September 21, 2021 seeking information about the developmental works carried out by the SICOP. However, dissatisfied with the response received from the CPIO, the Appellant filed First Appeal dated 25.10.2021 which was not adjudicated by the FAA. Aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
After hearing both the sides, the Chief Information Commissioner observed, “the concerned PIOs have provided replies to the appellant vide letters dated 09.10.2021 and 27.03.2023 but the reply dated 27.03.2023 has been given beyond the stipulated time-frame”.
Accordingly, the Commission has cautioned the concerned PIO that in future, he shall ensure that replies to the RTI applications shall be provided within the mandated time-frame as specified in the provisions of the RTI Act failing which action will be taken.
Similar note of caution has been issued to several other PIOs of the Government of Union Territory of Jammu and Kashmir by the Central Information Commission as they have been found violating the timelines stipulated under the RTI Act.
EXCELSIOR has several times stressed that Government should regularly conduct training programmes for the PIOs of the J&K UT on the provisions of the RTI Act and evolve a mechanism to review their performance after regular intervals and the latest observations of the Chief Information Commissioner should be an eye opener for the administration.

Orissa High Court Launches Online RTI Portal In Compliance With Supreme Court Direction

LiveLaw: Orissa: Thursday, 27 April 2023.
The Orissa High Court on Wednesday launched the ‘Online RTI Portal’ of the Court. The Registry notified that citizens may register themselves on the RTI Portal to obtain information under the Right to Information Act, 2005 by visiting the website of the High Court. The Standard Operating Procedure and Guidelines for use of the portal can be accessed here.
Last month, the Supreme Court had directed all the High Courts to set up online RTI Portals within three months, if they had not done so already. The direction was passed by a Bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala in the plea seeking mechanism to set up an online portal for e-filing RTI applications and first appeals in High Courts.
While dictating the order, CJI DY Chandrachud had remarked:
"Section 6(1) of RTI, 2005 states that a person who desires to get information under the act shall do so via an application physically or through electronic means. This provision indicates that RTI applicant has a statutory right to move application by electronic means. Though the RTI Act came in 2005, online web portals are still to be operationalised by some of the High Courts after 17 years."
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Large scale felling of trees on private lands allowed in 3 Karnataka districts since 2015, reveals RTI

The Indian Express: Bangalore: Wednesday, 26 April 2023.
Official documents of the Karnataka Forest Department show that tree officers, who are entrusted with the duty to protect trees, of the Karnataka Forest Department in Virajpet, Hassan and Chikkamagaluru districts have given permission to fell a large number of trees on private lands since 2015.
In response to an RTI filed by The Indian Express, the state forest department said that in Chikkamagaluru, 622 trees have been felled on private lands since 2015. The forest department had booked 25 cases in the same period for the felling of trees without the department’s nod.
Documents of the Virajpet forest division showed that in January 2020, the department gave permission to cut 2,250 trees on private lands. In January this year, 224 trees were permitted to be axed on private lands in Hassan district.
When asked, senior forest officers admitted that often permission to fell trees is given illegally to create ways for easy transportation of forest produce or to sell wood.
An official of the forest department said on condition of anonymity, “Sometimes forest officers fail to register FIRs in case of violations. Every division maintains a register in which details like the owner of the land, survey numbers, number of trees to be felled among all are recorded. While there are stringent rules in place against felling of trees on private lands, forest officers sometimes collude with the timber mafia and revenue department officials and allow the felling of trees and transit of forest produce illegally.”
The Karnataka Forest Department on its website has mentioned that permission of felling of trees on private lands is given as per the provisions of the Karnataka Preservation of Trees Act, 1976. “The forest department provides this public service after obtaining information from the Revenue Department about the ownership of the tree/trees. The tree officer, who after inspecting the tree/trees and holding such enquiry as he deems necessary, may either accord permission in whole or part or refuse it,” a section on the website reads.
The department also issues permission for transportation of forest produce from private lands and an applicant has to get tree felling permission before applying for a transit permission. A Forest Officer after inspecting the land and forest produce and holding such enquiry as he deems necessary, may either accord permission or refuse it. After the transit permission is accorded, the jurisdictional Deputy Range Forest Officer (DRFO) issues transit permits (Form-28) for movement of forest produce to the destination as indicated by the applicant.
Recently, former principal chief conservator of forest (head of forest force) B K Singh in his book ‘Changing Land Uses Shrinking Streams and Carbon Sinks’ has highlighted how trees on private lands were felled in the Western Ghat region in the early 1990s.
“Besides the large-scale felling of trees, smaller incidents involving the smuggling of a few trees have also been recorded. Many incidents are not put on record and many cases are not booked, as senior officers do not take up the routine perambulation of forests and, consequently, frontline staff members also do not patrol the jungles,” Singh said.

Why PM CARES Fund is not subject to public audit or covered under RTI, asks Congress

The Hindu: New Delhi: Wednesday, 26 April 2023.
Alleging that the PM CARES Fund is shrouded in secrecy, the Congress on April 25 asked why it has no transparency, accountability and is not subjected to any audit or covered under the Right to Information (RTI) Act, despite 60% of its funds coming from public sector undertakings (PSUs).
At a press conference at the All India Congress Committee (AICC) headquarters, senior spokesperson Abhishek Singhvi said that a public fund that gets donations to the tune of ₹5,000 crore should come under the ambit of RTI and show accountability.
“The controversies surrounding the PM CARES Fund prove that it was set up by a highly uncaring government, by an uncaring ruling party and Prime Minister,” Mr. Singhvi said.
He pointed out that 60% of the total contribution to the PM CARES Fund comes from government-run and government-owned firms, including the ONGC, the NTPC and the IOC. “The ‘C’ in PM CARES stands for coercion, chaos, confusion and corruption,” Mr. Singhvi said.
“Can the government of a State raise large sums of money without any legislative sanction? But, here the highest executive office in the government is receiving ₹5,000 crore without any legal sanction... Where is the accountability, where is the tracking?” he asked.
Mr. Singhvi said the PM CARES Fund is a trust and one of the reasons why it is kept out of accountability parameters is on the grounds that it does not receive any budgetary support from the government. But government-owned/controlled Navratna and Mini Ratna PSUs are the principle donors.
“After six years, why have you not come out with a White Paper on it? Where is the money being spent, why don’t you tell the world what is the criterion being adopted for deployment of funds? Why is it not disclosed? If you divert any amount of money, is it not a cruel joke on the taxpayer? We should get answers,” Mr. Singhvi said.
On April 24, Congress President Mallikarjun Kharge had tweeted that the lack of scrutiny on the PM CARES Fund amounted to “An EPIDEMIC of LOOT during ADVERSITY by Modi Govt”.

MoEFCC Responds to Row Over Info on Portal, But Silent on Publishing Environment Impact Assessment

The Wire: New Delhi: Tuesday, 25 April 2023.
The ministry said that the Parivesh portal "will provide the minutes of meetings of expert appraisal and forest advisory committees, information on environment and forest clearances, coastal regulation zone proposal details and clearances". But it was mum about displaying environment impact assessments.
In its rebuttal to a report which said that the government will no longer publish information on the environmental impacts of projects on the Parivesh official website, the environment ministry said that the new portal “will be compliant with India’s transparency law and put in the public domain details of project proposals, and environment and forest clearances after it undergoes a revamp.”
According to Hindustan Times, which had also published the earlier report, the ministry responded that the Parivesh portal “will provide the minutes of meetings of expert appraisal and forest advisory committees, information on environment and forest clearances, coastal regulation zone proposal details and clearances, and minutes of the regional empowered committee.”
But it did not say whether draft and final environment impact assessments (EIAs), terms of reference (ToRs), pre-feasibility reports and public hearing documents about projects will be made public. Until the revamp, these documents were available publicly. They are not available at the moment, and it is unclear from the ministry’s response if they will be made available in the future.
The portal is undergoing a revamp to make it more user-friendly, faster, versatile and more efficient and effective, the environment ministry said.
“Needless to mention that the provisions of extant Acts, Rules & Regulations including those of RTI Act would have to be adhered to ensure that there is no violation of the provisions of any Act, Rule or Regulation,” the ministry responded to HT.
The newspaper’s previous report had said that details of projects that were sanctioned after September 5, 2022 have not been updated on the Parivesh portal regularly. To access information associated with environment, forest and wildlife clearances, interested persons would have to file an RTI application, the previous article had reported, quoting unnamed ministry officials. This was “taken to protect the interests of project developers” the official had said.
A Delhi-based EIA consultant told HT on the condition of anonymity that all the details may not be available freely. “Parivesh 2.0 is very different from Parivesh. In the enhanced version, we have to upload PAN card, Aadhar card, etc., to get verified and registered. In view of these details, some documents may not be available on the website,” the consultant said, according to the newspaper.

In Digital Telangana, an online RTI portal is a far cry: Srinivas Kodali

The Siasat Daily: Hyderabad: Tuesday, 25 April 2023.
The Telangana IT Department has always promoted new technologies in the state to help the IT sector. This is not necessarily true for all forms of technologies out there, but specifically towards technologies that bring revenue.
The Right to Information (RTI) Act in Telangana seems to be non-existent with no annual reports, no information commissioners and no online portal for filing RTIs. This is concerning as there is no way to demand transparency of government functions in Telangana.
Even though there has been a direction from the High Court of Telangana to build an online RTI filing portal, the state government seems to have completely ignored this direction.
Activists and advocates have been approaching the High Court demanding an online RTI portal for years now and the IT Department has been positively replying, they will get the portal ready as early as possible. In May 2022, an RTI by Kareem Ansari of YouRTI.in disclosed the portal is ready and is being tested with few departments, before it is made available to the public. Yet, almost after a year there is no portal for the public to access.
In a state where every process has been digitised from marriage registration to building permissions, why is it that a simple Right to Information request can’t be filed online? The answer probably lies with the economic aspect of maintaining this portal as it is not a revenue generating process for the government and can actually create problems if citizens get access to information that can be used to hold the government accountable.
As a digital society, where the government itself is forcing every form of technology on us to make governance easier under eGovernance initiatives, we haven’t seen technology essentially be used for accountability measures. It is clear when the state forces us to digitise, it is primarily motivated from economic incentives. But these don’t necessarily hold true for something like RTI, Archives or other forms of information services where there is no economic incentive for the state.
In all fairness, the IT department did put some effort into publishing open data by launching a new initiative with an open data portal and a policy accessible at https://data.telangana.gov.in/. Although this is a proactive effort, this hasn’t been extended in practice across departments where we can demand data, algorithms and other digital resources as defined under section 2(f) of the RTI Act. With every form of governance digitised, it should be our right to demand information as already allowed under the RTI Act.
Increased digitization has only created information asymmetry between citizens and the state. While the state has 360-degree profiles of citizens that it is creating and even sharing with police for surveillance, there is an information asymmetry with how much we can know about the state. These barriers are not just artificially created, they are also necessary for the state to not have any opposition to its actions.
The Telangana IT Department has always promoted new technologies in the state to help the IT sector. If you can build something new, the state will become the first customer to help you promote your technology. This is not necessarily true for all forms of technologies out there, but specifically towards technologies that bring revenue.
If you want to build a blockchain solution, the government of Telangana will gladly promote you through some regulatory push like making chit-funds listed on blockchain. But if you want the same with RTIs on a blockchain, then the government will not even think twice to reject the proposal.
So what will it take to get an online portal for Good Governance, eGovernance or whatever brand words the Government wants to use for making an RTI portal available for the public of Telangana? Do we have to send a proposal to the IT secretary that we can build a chatGPT integrated RTI portal or an AI to replace the bureaucracy or mandatory Aadhaar for filing RTIs?
What will it take for the citizens to have a simple governance system that they deserve? The answer is not the benevolence of the IT Secretary, Department or the Minister. Unless people demand this, it will not happen and it is unlikely the state is going to be accountable on its own.
(Srinivas Kodali is a researcher with interests in cities, data and the internet)

National security cover for political party donations! : Venkatesh Nayak

Deccan Herald: Opinion: Monday, 24 April 2023.
Two months ago, I had written in this column about my struggle to get information about the number of donors (mind you, the number, not their names) who fund political parties and claim 100 per cent income tax exemption in return (DH 26/02/2023). The Income Tax (I-T) Department had sent stock replies twice claiming that such information cannot be retrieved from the fully automated income tax returns (ITR) filing system.
Earlier that month, the Revenue Department, under which the I-T Department functions, informed the Lok Sabha that 2.09 crore taxpayers aged between 18-35 years filed ITRs and paid income tax to the tune of Rs 93,318 crore during FY 2022-23.
Six days ago, the I-T Department used data analytics to put on notice 8,000 taxpayers who had made large donations to charitable trusts between 2017 and 2021. These contributions, allegedly, were not in line with their declared income. Many of them, said to be small businesses, have apparently used this method to lower the income tax slab applicable to them or get full tax exemption, stealthily.
The “completely automated” ITR filing system seems to have a tendency to become unhinged occasionally and reveal many kinds of interesting data about ordinary taxpayers and those who make donations to NGOs and charitable trusts. But it quickly clams up into a shell when quizzed about details of donors to political parties. Is it machine learning or artificial intelligence of a dubious kind which bars public scrutiny of only those who give to political parties?
In its latest reply, the I-T Department has taken information denial under the RTI Act to another plane. When questioned about the methodology adopted to calculate the amount of revenue foregone because of tax exemptions claimed by individuals and corporates for their political party donations, the Central Public Information Officer (CPIO) replied that such information was in (sarkari) files connected with budgetary processes. Citing a 16-year-old decision of the Central Information Commission, issued when the RTI Act was barely two years old, the CPIO replied that matters connected with the budget are essentially part of the legislative process; it is not possible for the Finance Ministry (of which the I-T Dept is a part) to furnish any answers about how that process was completed and various approvals were taken. Disclosure of such information would be prejudicial to the State’s interest, he argued! This despite the RTI Act’s foundational principle, mentioned in Section 8, that information which cannot be denied to parliament must not be denied to a citizen.
So, the national security exemption has been invoked to turn into a sarkari secret simple information about how the tax foregone figures are calculated. These figures are mentioned in Annex-7 of the Receipt Budget, which parliament approves year after year.
The CPIO did not stop at mentioning just one ground to reject the request for information. This officer of Joint I-T Commissioner rank went on to claim the exemption on the basis of fiduciary relationship (because the files are apparently confidential!) under Section 8(1)(e), and also commercial confidence, trade secrets and intellectual property rights under Section 8(1)(d) to fortify his reply! The Sarkar’s officers sure know how to muster such “iron-clad” arguments to protect the interests of their political masters.
In the era of Electoral Bonds, when anonymous donations are fast displacing more transparent methods of giving to political parties, disclosure of information about such matters definitely serves the public interest better. But some readers might not find such a philosophical position attractive enough or may even fear that the revelation of such data might reveal the truth about their very patriotic political leaders, which would be uncomfortable to bear. The tax revenue foregone by the State between 2012 and 2021 on account of political party donations is Rs 4,766.95 crore. I trust these revenue impact figures and what they reveal of the colossal amounts of money being secretly donated to political parties may be more appealing and reason enough for them to demand greater transparency.

Delhi High Court Upholds CIC Order Denying Information To 2006 Mumbai Train Blast Convict On Documents Related To UAPA Ban On ‘Indian Mujahideen’

LiveLaw: New Delhi: Monday, 24 April 2023.
The Delhi High Court has upheld an order passed by the Central Information Commission denying information under Right to Information Act to a death row convict seeking documents related to the ban on Indian Mujahideen under Unlawful Activities (Prevention) Act, 1967.
Justice Prathiba M Singh dismissed the plea of Ehtesham Qutubuddin Siddique, a death row convict in Mumbai Train Blast case (7/11 Bomb Blast case), challenging the CIC order denyinghim the information.
The court said that the information consisting of background notes and reports on the ban would have to be viewed not merely from the view of Ehtesham’s right to information but also from the larger issue of country’s safety and security under section 8 of RTI Act.
“Information contained in these notes and reports, if disclosed, could also severely jeopardise various sources which may have provided information to the law enforcement agencies and other Government authorities both at the level of State Governments and the Central Government. Thus, in the opinion of this Court, the CIC’s position vide decision dated 13th June 2019, that the disclosure of the said information to the Petitioner would endanger the life or physical safety of persons would be correct and would not require interference by this Court,” the court said.
In October 2017, Ehtesham sought the information on the UAPA ban from CPIO of Union Ministry of Home Affairs which was denied to him. Since his first appeal remained pending and no order was passed, he approached the CIC.
On June 13, 2019, the CIC said that the disclosure was exempted under section 8(1)(g) of the RTI Act and thus, the information sought could not be provided to Ehtesham.
It was Ehtesham’s case that the exemption would not be applicable as the information has been used by the Union Government to take action of banning the organisation.
Denying him relief, Justice Singh said that the nature of information would also have a bearing on the “sovereignty, integrity and the security interests of India.”
“Therefore, even the exemption provided under Section 8(1)(a) of the RTI Act, which is not relied upon by the CPIO, would be applicable in the present case,” the court said.
Case Title: EHTESHAMQUTUBUDDIN SIDDIQUE v. CPIO (IS-I) (IS-IV DESK) MINISTRY OF HOME AFFAIRS

Balloons unavailable, govt-funded heart ops on hold at SSH

Times of India: Nagpur: Sunday, 23 April 2023.
The department of cardiovascular thoracic surgery (CVTS) at Super Specialty Hospital (SSH) attached to the Government Medical College and Hospital (GMCH), Nagpur, is facing an acute shortage of balloons required for the open-heart surgeries. Due to this, 11 out of the 22 surgeries approved and funded by the state government under the Mahatma Phule Jan Arogya Yojana (MPJAY), and other schemes are on hold.
The neurology department also has a waiting list of 40 days, claimed a social organization Patients’ Right Forum (PRF). “A total of 22 surgeries were approved in February under MPJAY in the CVTS department, but only 11 patients were operated on. The reason for this is that the necessary materials are not available,” said Raj Khandare, of the PRF. The forum got this information under the Right to Information (RTI) Act.
“It is unfair that necessary material for surgery is not available even after the monitory approval under government schemes” Khandare said.
Intra-aortic balloon pump (IABP) is one of the most critical devices for cardiac patients. There is no alternative to it. The GMCH authorities accepted that there is a shortage of balloons even though the procurement process for the same has been initiated.
Dr Bhushan Mahajan, special executive officer of the SSH, said: “We have already submitted an order for 10 balloons but received only 2 till date. We have raised the issue with the government authorities too,” he said.
Dhanvant Shah, a leading supplier of IABP said that the shortage is being felt across the country. “The primary reason cited is shortage of raw material,” he said.
PRF has urged the government to ensure the supply to save lives. “Hundreds of patients from poor families prefer GMCH, as they get the treatment free of cost here under various government schemes,” said Khandare.

DMC’s health officer fined for delay in sharing RTI details

Times of India: Dehradun: Saturday, 22 April 2023.
Dehradun Municipal Corporation's (DMC) chief health officer, Dr Avinash Khanna, has been penalised by the information department for failing to share details under the RTI on time.
According to officials, a resident of Dehradun had filed an RTI last year to inquire about employment details and confirmation of a sanitation worker with the corporation.
"The health officer had denied sharing the information, citing it as third-party personal information. The applicant then filed an appeal against the decision and the appellate authority instructed the officer to share the information within ten days, which was also not followed," Yogesh Bhatt, the state information commissioner, said. He added the applicant then approached the commission and a notice was sent to the health officer following which he shared the details.
"The information should have been shared within 30 days as stated by the RTI Act, but it took more than a year," said Bhatt, adding, "The purpose of the RTI process was breached, resulting in the imposition of the maximum penalty of Rs 25,000 on the officer." Dr Khanna said that he was yet to receive the order. "The requested information was shared. However, we will comply with whatever the order says," he added.

Ludhiana municipal corporation yet to recover Rs 239 crore from other departments: RTI

Times of India: Ludhiana: Saturday, 22 April 2023.
While on one hand the Ludhiana municipal corporation (MC) reels under a financial crunch, the officials have no details about the recovery of advance payments worth Rs 239 crore from various officials and departments, a recent RTI report revealed. The outstanding amount was disclosed in recent audit objections raised against the civic body in 2019-20. The officials dealing with the objections, however, claimed that the recovery was not due. They said the audit objection has still not been removed because the utilization certificates (UCs) have not been updated in the records, which would soon be done.
According to the audit objection, the maximum due to the MC is owed by Punjab Water Supply and Sewerage Board (PWSSB), which is Rs 197 crore. Besides, it had said that the MC is yet to recover Rs 16.31 crore from the public works department (PWD), another Rs 58.2 lakh from the Ludhiana Improvement Trust (LIT), Rs 30 lakh from Punjab Remote Sensing Centre, Rs 25 lakh from the Punjab Mandi Board, and Rs 4.37 lakh from the superintendent of police.
Besides this, another Rs 24.07 crore is pending towards various MC officials, who were issued different amounts at different times. The audit branch of the MC has also mentioned that dues are also pending against some retired MC officials, which is a clear violation of norms.
As for the money outstanding against the PWSSB, the audit branch said the MC had made an advance payment to the board but did not collect the utilisation certificate, which is also a violation.
Requesting anonymity, a senior MC official told TOI, “Though there is no provision of giving advance payments, but in some cases we have to pay the payment in advance. In this case, out of total amount, Rs 197 crore is pending towards PWSSB, and the officials concerned have already asked the department to send the utilization certificates so that audit objection could be removed.” He said they have also started taking the certificates from the officials, and the audit objections against them would also be resolved soon.
An activist Rohit Sabharwal had received the audit report of the MC for previous years from the civic body, where objections were raised about advance payments. He had then filed a complained with the then chief minister in April last year, against careless attitude of the officials.
But when no action was taken, he filed an RTI query with the local bodies department, which recently replied to the query and informed that the director of local bodies department had already issued the instructions to the authorities in September 2022 to act over his complaint and for removal of this audit objection.
But till date, there is no update on the same.

NCP seeks ‘actual’ number of fatalities due to sunstroke through RTI

The Hindu: Mumbai: Saturday, 22 April 2023.
Nationalist Congress Party (NCP) leader Ajit Pawar on April 21 said that they are seeking information about the “actual” number of fatalities due to sunstroke at the Maharashtra Bhushan award ceremony held on April 16 through the Right to Information Act.
He once again demanded a judicial inquiry into the deaths despite Chief Minister Eknath Shinde appointing a one-member committee of Additional Chief Secretary (Revenue) Nitin Keer to probe the deaths. “We are seeking information about the incident, including the actual number of fatalities, through the RTI,” Mr. Pawar said in Pune.
According to officials, 14 persons, including 10 women, died of sunstroke during and after the event to confer Maharashtra Bhushan award to social worker Appasaheb Dharmadhikari. Union Home Minister Amit Shah gave away the award.
Mr. Pawar said that the one-member committee should probe why the event was held in the afternoon and why no pandals (tents) were erected on the premises. “These are serious issues,” he said.
On April 21, the NCP leader urged Governor Ramesh Bais for a judicial inquiry into the deaths and said the Shinde-Fadnavis government was responsible for the deaths, and it (government) should be booked for culpable homicide. He urged the Governor to direct the State to initiate a probe by a retired judge.
“We have not yet received the correct numbers. We know the numbers announced by the State Government. There are people who are talking about reasons like sunstroke, lack of food, etc., in a hush-hush manner,” he said, adding that post-mortem of the victims has been done.
“If the probe is conducted by an official, there are chances of attempts to save other officials. Since it is a serious matter, I have sought a judicial probe,” Mr. Pawar said.
When asked about the meeting between his uncle and NCP supremo Sharad Pawar and industrialist Gautam Adani, he said he was unaware why the meeting took place.
Meanwhile, Shiv Sena (UBT) MP Sanjay Raut said if the ruling parties in Maharashtra have courage and humanity, they should lodge a complaint against Mr. Shinde and his Deputy Devendra Fadnavis for the tragedy. Earlier, he accused the State Government of hiding the real number of deaths and claimed the actual number was between “50 and 75”.
Mr. Sharad Pawar on April 21 said the State government was responsible for the death of 14 persons due to sunstroke, as it had organised the event keeping elections in mind.
He demanded a probe by a sitting judge. “Actual facts must come out,” he said during NCP’s one-day convention in Mumbai.

The MoEFCC Portal Is No Longer Providing Info on Environmental Impacts, Claims Report

The Wire: New Delhi: Saturday, 22 April 2023.
The Ministry of Environment, Forest and Climate Change (MoEFCC) is no longer posting information on the environmental impacts of projects on Parivesh, its official single window system that also provides information on forest, environmental, wildlife and coastal zone clearances for developmental projects, reported Hindustan Times.
The public can now access this information only under the Right to Information Act, it said. The Union environment ministry is yet to officially confirm this.
The development, if true, is a huge concern, according to experts.
No more info on environmental impacts
The MoEFCC’s Parivesh website no longer provides information on the environmental impacts of developmental projects, reported Hindustan Times on April 21. The Parivesh portal – Pro-Active and Responsive facilitation by Interactive and Virtuous Environment Single-window Hub – is a single window system system for environment, forest, wildlife and Coastal Regulation Zone clearances. It aims to “enhance efficiency, transparency and accountability” in these clearance processes, per the website. It also makes available documents such as minutes of meetings, agendas, approvals and clearances afforded to projects.
However, details of projects after September 5 last year have not been updated on the Parivesh website since September last year, reported HT. Information associated with environment, forest and wildlife clearances have been aligned with the Right To Information Act 2005, the news article quoted unnamed environment ministry officials as saying.
The Wire has reached out to the Union environment ministry to confirm this. The story will be updated when The Wire receives a response.
The ministry is doing this to “respect the interests” of project proponents, an unnamed MoEFCC official told HT, since the information would also include sensitive and confidential information such as balance sheets and cost-benefit analysis.
Experts raise concerns
If true, the development “marks a new era of emergency in environmental democracy”, tweeted Debadityo Sinha, lead, Climate and Ecosystems, at the Vidhi Centre for Legal Policy. It is “unconstitutional” and goes “against national interest”, he added.
“Using s8(1)e & (j) of RTI Act is simply wrong,” his tweet said. “How can an ‘Authority’ or ‘Regulator’ which is responsible to protect & safeguard environment & forest claim itself to be in ‘fiduciary’ relationship with ‘corporates’ & work for their interest instead of ‘public interest’?”
The Central Information Commission, established under the RTI Act 2005 has previously directed that all documents and studies submitted as part of environmental clearances must be made public by the Public Information Officer and displayed on the MoEFCC website, Sinha added.
Access to information, public participation, and access to justice are essential components of the Environmental Rule of Law laid down by the UNEP in 2019. By withdrawing such rights in favour of the commercial interests of project developers instead of the public, the MOEFCC is committing a great disservice to the nation, he said.

MC yet to recover 239cr from other depts: RTI

Times of India: Ludhiana: Friday, 21 April 2023.
While on one hand the Ludhiana municipal corporation (MC) reels under a financial crunch, the officials have no details about the recovery of advance payments worth Rs 239 crore from various officials and departments, a recent RTI report revealed.
The outstanding amount was disclosed in recent audit objections raised against the civic body in 2019-20. The officials dealing with the objections, however, claimed that the recovery was not due. They said the audit objection has still not been removed because the utilization certificates (UCs) have not been updated in the records, which would soon be done.
According to the audit objection, the maximum due to the MC is owed by Punjab Water Supply and Sewerage Board (PWSSB), which is Rs 197 crore. Besides, it had said that the MC is yet to recover Rs 16.31 crore from the public works department (PWD), another Rs 58.2 lakh from the Ludhiana Improvement Trust (LIT), Rs 30 lakh from Punjab Remote Sensing Centre, Rs 25 lakh from the Punjab Mandi Board, and Rs 4.37 lakh from the superintendent of police.
Besides this, another Rs 24.07 crore is pending towards various MC officials, who were issued different amounts at different times. The audit branch of the MC has also mentioned that dues are also pending against some retired MC officials, which is a clear violation of norms.
As for the money outstanding against the PWSSB, the audit branch said the MC had made an advance payment to the board but did not collect the utilisation certificate, which is also a violation.
Requesting anonymity, a senior MC official told TOI, “Though there is no provision of giving advance payments, but in some cases we have to pay the payment in advance. In this case, out of total amount, Rs 197 crore is pending towards PWSSB, and the officials concerned have already asked the department to send the utilization certificates so that audit objection could be removed.” He said they have also started taking the certificates from the officials, and the audit objections against them would also be resolved soon.
An activist Rohit Sabharwal had received the audit report of the MC for previous years from the civic body, where objections were raised about advance payments. He had then filed a complained with the then chief minister in April last year, against careless attitude of the officials.
But when no action was taken, he filed an RTI query with the local bodies department, which recently replied to the query and informed that the director of local bodies department had already issued the instructions to the authorities in September 2022 to act over his complaint and for removal of this audit objection.
But till date, there is no update on the same.

‘The changes in IT Rules are bypassing checks and balances’: Prateek Waghre

Frontline: National: Friday, 21 April 2023.
The Policy Director of the Internet Freedom Foundation called the proposal to constitute a “fact-check unit” an “unconstitutional exercise”.
On April 6, the Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules, 2023). The proposed amendments primarily concern online real money gaming intermediaries. However, MeitY also added a proposal regarding the constitution of a “fact-check unit”, which would have much broader ramifications for all intermediaries, including social media, OTT platforms, and digital news platforms.
This fact-checking unit, once notified by the government, is tasked with monitoring the Internet for “fake or false or misleading” content about the Union government, thus granting the government the discretionary power to label content about itself as fake, false, or misleading. This has led to criticism from digital rights defenders and organisations, editors, non-profits, and others.
The Editors Guild of India released a statement on April 7 saying that this amendment will have “deeply adverse implications for press freedom in the country”. Urging MeitY to withdraw the notification, the Guild said that the amendment was “akin to censorship”.
The stand-up comedian Kunal Kamra filed a writ petition in the Bombay High Court challenging the constitutional validity of the amendment. The court sought from MeitY a “factual background” to the amendment and asked why the notification should not be stayed.
Internet Freedom Foundation (IFF), an organisation working on digital liberties, has raised concerns about the amendment since January when it was first proposed. “Assigning any unit of the government such arbitrary, overbroad powers to determine the authenticity of online content bypasses the principles of natural justice, thus making it an unconstitutional exercise,” it said in a statement on April 6. In an interview with  Frontline, Prateek Waghre, Policy Director of IFF, discussed the issue at length. Excerpts:
Can you explain what “intermediary” and “safe harbour” mean?
An intermediary is defined as “any person who on behalf of another person receives, stores or transmits an electronic record or provides any service with respect to that record…”. This broad definition encompasses a range of services from cyber-cafés to any service on the Internet. So, your social media platform, the Internet service provider you use, a service that resolves Domain Name System (DNS) requests, and many websites where we transact, post reviews, etc., are classified as intermediaries. The idea is that an intermediary facilitates an exchange of information.
As part of the IT Rules, there exists a concept of intermediary liability and safe harbour. For a website that allows user-generated content, allows people to post, and allows other people to transact, there is a question of how liable they should be for the actions of others on their platforms, websites, or services.
There is a balance here: as long as intermediaries meet a set of due diligence requirements that have been defined, they are not directly liable for the actions of their users. You still have other compliance requirements to meet as a company, but you have some shield where you aren’t prosecuted for the acts of others.
The current amendment is not the only problematic one. There is a precedent of overreach in the IT Rules amendment of 2021. What happened then?
The IT Rules 2021 are, in many ways, where this problem started. The executive, through subordinate legislation, was trying to give itself the power and ability to do things that ideally need a parliamentary process.
The IT Rules 2021 also broadened the ambit. Earlier, it was just under the MeitY. The IT Rules 2021 brought in the Ministry of Information and Broadcasting to oversee parts of the rule that dealt with online curated content platforms and digital news platforms: Netflix, Amazon Prime and so on, digital news websites, and news aggregators.
It required creating a multi-tier, self-regulatory organisation, which would involve government oversight at the highest tier. News publishers and journalists challenged it, especially regarding the oversight of news publishers, and the court stayed certain parts of these rules. These challenges are now waiting to be heard in the Supreme Court. So, the 2021 amendments are where the issue started as the executive overreach went beyond what the IT Act empowered them to do.
Clear conflict of interest
What does the Central Government/MeitY intend to do with the IT (Amendment) Rules, 2023?
There’s some history to the amendment. Until October 2022, the due diligence requirements stated that intermediaries had to inform their users not to share, transmit, or upload certain categories of content. The October 2022 amendment changed that obligation to saying that intermediaries are expected to make “reasonable efforts” to cause the user not to do XYZ. So the responsibility of an intermediary was changed in October to actively prevent users from posting certain kinds of content. It was a significant shift in the idea of what an intermediary should or should not do.
Now, the 2023 amendments have gone further. The condition that has been added was that if any information or content has been flagged as fake, false, or misleading (I am paraphrasing here) by a fact-checking unit (which would be notified by the Union government) on content that’s about matters related to the Union government, then there’s an obligation on intermediaries to make “reasonable efforts to cause” the users not to do so. Essentially, this means that the intermediary has an obligation on them to act against this content.
It’s not the Press Information Bureau; that’s one change from the amendments stage to now. It is some fact-checking unit that will be notified. But it allows such a unit to issue a de facto takedown order, a significant change from the existing process.
Such takedown orders were issued under Section 69A of the IT Act, 2000, and the 2009 rules in the existing process. There is criticism of the rules, such as they need to be more transparent, etc. But there are checks and balances for such takedown orders. The amendment is effectively bypassing even those provisions.
The government is incentivised to say that something that shows it in a negative light or raises questions about its policies or the outcomes is fake, false, or misleading. There is a clear conflict of interest here.
Element of interpretation
The rules use the words “fake or false or misleading” to describe the content that will be fact-checked by a fact-checking unit notified by the government. Do we have definitional clarity on these words?
Often, what we’re dealing with may not even be fake. It could be something taken out of context, not even new, or just an opinion. That’s just a definitional aspect. There’s a usage aspect of it. Over time, the term has been used to dismiss views that someone doesn’t agree with.
The amendment also says “false or misleading”, which are potentially problematic. There are various types of content you cannot necessarily distill down to true versus false. Satire can be false. Opinions are not always easily or directly falsifiable because they involve an element of interpretation; two people can interpret a set of facts or the same information to draw different conclusions. This is why, in many conversations about dealing with problems in the information ecosystem, it is a more complex issue than looking at whether you can disprove something.
In January 2023, several digital rights and media groups criticised the manner in which MeitY proposed the amendments. Could you detail the public consultation process and why it was inadequate?
The public consultation for the “fact-checking” amendments has been problematic since the beginning in several ways. In January, a consultation process for amendment to the IT rules pertaining to online gaming intermediaries was ongoing. The process had mainly online gaming intermediaries and adjacent people paying attention to it.
However, on the evening of the last day of that consultation, MeitY introduced the new amendment on fact-checking along with a deadline extension of seven-eight days. This amendment, inserted in the due diligence requirements for the intermediaries section, had significantly broader ramifications, affecting many intermediaries and people. An extension was issued on the final day, but probably of limited value, as most stakeholders would have already scrambled to submit according to the initial deadline.
There was pushback and criticism, with several calls to withdraw these proposed amendments. Since consultation responses are no longer shared and even denied for Right to Information requests citing procedural technicalities, it is hard to say to what extent the final notification reflects the inputs and concerns of civil society organisations and the media. In response to the criticism, the Ministry stated that further consultations and meetings would be held. However, as the Editors Guild of India noted in its statement on April 7, even this does not seem to have happened.
“The amendment says “false or misleading”, which are potentially problematic. There are various types of content you cannot necessarily distill down to true versus false.” : Prateek Waghre
Policy Director, Internet Freedom Foundation
Could you comment on the other broader process of such overreach by the Union government in recent times?
The last legislation proposed in the past six or seven months is the Draft Indian Telecommunication Bill, 2022, or the Draft Digital Personal Data Protection Bill, 2022. The way they are worded, they increase the amount of control with the Union government.
For example, the way telecommunication services have been defined in the Telecommunications Bill is so broad that it could cover any service on the Internet. And the Bill also states that you need a licence to operate telecommunications, potentially leading to a point where you know services on the Internet will need to be willing to be licensed. It could start with WhatsApp or Signal.
What does it mean when WhatsApp and Signal need a licence from the Department of Telecommunications to function? It increases the regulatory burden on them, right? Will they be denied licences if they don’t compromise end-to-end encryption?
What is being done is that the Union government has the control and the discretion to say that it will pick and choose what services it may want to license. It has also allowed itself the flexibility to expand as it chooses without any checks or balances.
That is the trend even with the Digital Personal Data Protection Bill. The actual draft Bill is short; a number of things were left to be prescribed or may be prescribed in the future. Now, for some of those, you can argue that, in some cases, you need rulemaking and that not everything can be in the parent Act. But the extent to which it has been done in this Bill effectively says that any regulatory review updates will happen through rulemaking, which does not require a parliamentary process and does not always need an extensive consultation process. It can just be notified by a direct notification that’s the broader environment.
What is happening on the Digital India Act front?
The Digital India Act is supposed to replace the IT Act of 2000, but its contents are unclear. It covers a range of things, from what one can gather from the reporting on it AI, blockchain, metaverse, doxxing, cyberbullying, algorithms, and so on.
Despite all this talk of the Internet needing to be made open, safe, trusted, and accountable and keeping “digital nagariks” safe, we don’t have a clear definition or articulation of harms as we perceive them in the Indian context. It is a significantly challenging endeavour. Let’s not take away from that. What you then need is to have a consultative process to determine these harms.
Yes, there are cybercrime, fraud, and disinformation issues on the Internet. There are also services that have enabled trade or helped people get their voices out. How are we balancing these benefits and the harms? What criteria are we using to make trade-offs? None of that has been articulated in any shape or form.
On the Internet, you can make only a certain amount of change. There are many problems, many issues that you’re trying to address, which are existing underlying social problems. If you look at the fact that we have a lot of hate speech on the Internet, it’s because there are existing social divisions.
The way politics plays out today, there is even, in some cases, a reward for engaging in that rhetoric. In that case, to what extent will regulating the Internet alone solve the underlying problem? It’s a challenging job, but we need to consider it at a more fundamental level.